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CITY OF NEWTON PURCHASING DEPARTMENT

CONTRACT FOR PUBLIC WORKS DEPARTMENT (M.G.L. Ch. 30, Sec. 39m)

PROJECT MANUAL: SIDEWALK CONSTRUCTION AT MULTIPLE

LOCATIONSINVITATION FOR BID #15-82

Bid Opening Date: April 2, 2015 at 11:00 a.m.

MARCH 2015

Setti D. Warren, Mayor

Project Manual #15-82 – Sidewalk Construction at Multiple Locations of 107

CITY OF NEWTON

PROJECT MANUAL TABLE OF CONTENTS

SIDEWALK CONSTRUCTION AT MULTIPLE LOCATIONS

Page #

Cover Page 1Table of Contents 2

Part 1 - Bidding Documents, Contract Forms, and Conditions of the Contract

1. - Invitation for Bid 3-4

2. - Instructions to Bidders 5-7

3. - Bid Form 8-9

4. - Bidder's Qualification Forms

Bidder’s Qualifications and References Form 10-11 Certificate of Non-Collusion 12 Debarment Letter 13 IRS Form W-9 14

5. - Contract Forms (Informational only. Not required at time of bid submittal)

Contractor Contract 16-17 Certificate of Authority - Corporate 18 Certification of Tax Compliance 19 Payment Bond 20

6. - General Conditions of the Contract 21-29

7. - Wage Rate Requirements 30

Prevailing Wages 31-69 The Mass. Prevailing Wage Law 70 Statement of Compliance 71 Weekly Payroll Report Form 72

8. - Work

Trench Permit 73-77 Item Sheets 78-81

Part 2 – General Requirements and Project Specifications

Scope of Work 82Base Maps 83-85Special Provisions 86-107

END OF SECTION


CITY OF NEWTON

PURCHASING DEPARTMENT

INVITATION FOR BID #15-82

The City of Newton invites sealed bids in accordance with M.G.L. c.30, §39M from Contractors for:


Bids will be received until: 11:00 a.m., Thursday, April 2, 2015at the Purchasing Department, Room 201, Newton City Hall, 1000 Commonwealth Avenue, Newton, MA 02459. Bids will not be accepted nor may submitted bids be corrected, modified or withdrawn after the deadline for bids. Immediately following the deadline for bids, all bids received within the time specified will be publicly opened and read aloud.

The proposed project involves the construction and repair of various sections of sidewalk around the city of Newton, Massachusetts. The scope of new sidewalk and driveway apron construction measures approximately 2000 square yards. The contractor shall also be asked to construct 25 new handicap ramps and remove 5 tree stumps. All items shall be constructed per the City of Newton “General Construction Details” dated March 2003 and as directed by the Engineer.

PROPOSED CEMENT CONCRETE SIDEWALK AND DRIVEWAY APRON LOCATIONS

See attached diagrams for proposed Sidewalk Location.

SPECIAL CONSIDERATIONS:A. The project may require construction in areas occupied by business owners, employees and customers.B. Contractor must accommodate customers visiting businesses adjacent to the work zone.C. Pedestrian access and safety around the construction area is the responsibility of the Contractor.D. Upon completion of the work the affected areas, including areas within the businesses disturbed during construction, shall be

restored to original condition.E. The contractor shall review all project limits with the Engineer prior to commencement of work.

This Invitation For Bids and all related documents and attachment (collectively, “Contract Documents”) will be available online at: www.newtonma.gov/bids or pick up at the Purchasing Department after 10:00 A.M. on March 19, 2015. Bids must be submitted with one Original and one Copy.

A bid deposit in an amount that is not less than five percent (5%) of the value of the bid, including all add alternates, is required. Bid deposits, payable to the City of Newton, shall be either in the form of a bid bond, or cash, or a certified check on, or a treasurer's or cashier's check issued by, a responsible bank or trust company. The City of Newton will award the contract to the lowest eligible and responsible bidder. Please Note: this bid, in accordance with the Chapter 303 Acts of 2008, contains Price Adjustments and new Prevailing Wage requirements. All bidders are required to familiarize themselves with these terms and conditions before submitting a bid.

Bidders are reminded that the bid deposit covers the City for damages when a bidder withdraws its bid after the bid submisssion date. Be advised that to the extent permitted by the law the City will retain all bid deposits for withdrawn bids.

The costs of any bond and any insurance required in this Invitation For Bid are the responsibility of the bidder; such costs will not be reimbursed by City and should be included in your bid.

Only contractors prequalified by the Massachusetts Department of Transportation (MassDOT) are eligible to submit bids. MassDOT has provided a list of Prequalified Construction Contractors to the City of Newton. Bidders will be verified at time of Bid Opening.

Anticipated start date is upon execution of contract. Time for completion is five (5) months from the Notice to Proceed.


All bids are subject to the provisions of M.G.L. Chapter 30, Section 39M. Wages are subject to minimum wage rates determined by the Massachusetts Department of Labor and Industries pursuant to M.G.L. Chapter 149, Sec. 26 to 27H. The schedule of wage rates applicable to this contract is included in the bidding documents. In addtion, the prevailing wage schedule will be updated annually for all public construction projects lasting longer than one (1) year. You will be required to pay the rates set out in any updated prevailing wage schedule. Increases in prevailing wage schedules will not be the basis for change order requests. The successful bidder will be required to provide a Certificate of Insurance demonstrating current coverage of the type and amounts set forth in the Project Manual. The successful bidder will be required to furnish a Labor and Materials Payment Bond in the amount of 50% of the contract total. Wages are paid to drivers for all “on-site” work.

Once you’ve downloaded this bid from the internet website (www.newtonma.gov/bids) I strongly suggest you email ([email protected] ) your company’s Name, address, EMAIL, phone, fax AND the INVITATION FOR BID NUMBER and Project Title, so that we may add you to the Bidders List and you will be notified of any/all addendums.

The City will reject any and all bids in accordance with the above referenced General Laws. In addition, the City reserves the right to waive minor informalities in any or all bids, or to reject any or all bids (in whole or in part) if it be in the public interest to do so.

CITY OF NEWTON

Maryann LaRosee Purchasing Agent March 19, 2015


CITY OF NEWTON

DEPARTMENT OF PURCHASING

INSTRUCTIONS TO BIDDERS

ARTICLE 1 - BIDDER'S REPRESENTATION

1.1 Each General Bidder (hereinafter called the "Bidder") by making a bid (hereinafter called "bid") represents that:

1. The Bidder has read and understands the Bidding Documents, Contract Forms, General Conditions, Conditions of the Contract, General Requirements and Project Specification (collectively, referred to as the “Contract Documents”) and the bid is made in accordance therewith.

2. The Bidder has visited the work site and is familiar with the local conditions under which the work has to be performed.

1.2 Failure to so examine the Contract Documents and work site will not relieve any Bidder from any obligation under the bid as submitted.

ARTICLE 2 - REQUEST FOR INTERPRETATION

2.1 Bidders shall promptly notify the City of any ambiguity, inconsistency, or error which they may discover upon examination of the Contract Documents, the site, and local conditions.

2.2 Bidders requiring clarification or interpretation of the Contract Documents shall make a written request to the Chief Procurement Officer, at [email protected] or via facsimile (617) 796-1227. The City will answer such requests if received by Friday, March 27, 2015 at 12:00 noon.

2.3 Interpretation, correction, or change in the Contract Documents will be made by Addendum which will become part of the Contract Documents. The City will not be held accountable for any oral instruction.

2.4 Addenda will be emailed to every individual or firm on record as having taken a set of Contract Documents.

2.5 Copies of addenda will be made available for inspection at the location listed in the Invitation for Bids where Contract Documents are on file, in addition to being available online at www.newtonma.gov/bids.

2.6 Bidders or proposers contacting ANY CITY EMPLOYEE regarding an Invitation for Bid (IFB) or a Request for Proposal (RFP), outside of the Purchasing Department, once an IFB or RFP has been released, may be disqualified from the bidding process.

2.7 Bidders downloading information off the internet web site are soley responsible for obtaining any addenda prior to the bid opening. If the bidder makes themselves known to the Purchasing Department, at [email protected] or via facsimile (617) 796-1227, they shall be placed on the bidder’s list. Bidders must provide the Purchasing Department with their company’s name, street address, city, state, zip, phone, fax, email address and INVITATION FOR BID #15-82.

ARTICLE 3 - MBE PARTICIPATION

3.1 Notice is hereby given that the Mayor’s Affirmative Action Plan for the City of Newton in effect at the time of this solicitation is applicable to all construction contracts in excess of $10,000.00.

3.2 Notice is hereby given that the City of Newton Minority/Women Business Enterprise Plan and the Supplemental Equal Employment Opportunity Anti-Discrimination and Affirmative Action Program in effect at the time of this solicitation are applicable to all City contracts for goods and services in excess of $50,000.00.

3.3 Copies of the Plans and Program referred to in Sections 3.1 and 3.2 are available at: www.newtonma.gov/purchasing.


Bids shall ARTICLE 4 - PREPARATION AND SUBMISSION OF BIDS

4.1 Bids shall be submitted on the "Bid Form" as appropriate, furnished by the City.

4.2 All entries on the Bid Form shall be made by typewriter or in ink.

4.3 Where so indicated on the Bid Form, sums shall be expressed in both words and figures. Where there is a discrepancy between the bid sum expressed in words and the bid sum expressed in figures, the words shall control.

4.4 Bid Deposits shall be submitted in the amount specified in the Invitation for Bids. They shall be made payable to the City and shall be either in the form of cash, certified check, treasurer's or cashier's check issued by a responsible bank or trust company, or a bid bond issued by a surety licensed to do business in the Commonwealth of Massachusetts; and shall be conditioned upon the faithful performance by the principal of the agreements contained in the bid. Bidders are reminded that the bid deposit covers the City for damages when a bidder withdraws its bid after the bid submission date. Bid advised that to the extent permitted by law the City will retain all bid deposits for withdrawn bids.

Bid deposits of the three (3) lowest responsible and eligible Bidders shall be retained until the execution and delivery of the City/Contractor agreement.

4.5 The Bid, including the bid deposit shall be enclosed in a sealed envelope with the following plainly marked on the outside:

* GENERAL BID FOR: #15-82* NAME OF PROJECT: Sidewalk Construction at Multiple Locations* BIDDER'S NAME, BUSINESS ADDRESS, AND PHONE NUMBER

4.6 Date and time for receipt of bids is set forth in the Invitation for Bids.

4.7 Timely delivery of a bid at the location designated shall be the full responsibility of the Bidder. In the event that Newton City Hall is closed on the date or at the time that bids are due, the date and time for receipt of bids shall be on the next business day following that the Newton City Hall and the Purchasing Department are open.

4.8 be submitted with one original and one copy. Be advised that a new Massachusetts law has been enacted that required all employees who work on Massachusetts public works construcion sites must have no less than 10 hours of OSHA-approved safety and health training. See Chapter 306 of the Acts of 2004, which will become effective July 1, 2006.

1. This requirement will apply to any general bid or sub bid submitted on or after July 1, 2006 and to any contract awarded on or after July 1, 2006.

2. This law directs the Massachusetts Attorney General to restrain the award of construction contracts to any contractor who is in violation to this requirement and to restrain the performance of these contracts by non-complying contractors.

3. The contractor and all subcontractors on this project will be required to provide certification of compliance with this requirement. Non-compliance with this new Massachusetts Law will disquality you from bidding on public contracts.

ARTICLE 5 - ALTERNATES

5.1 Each Bidder shall acknowledge Alternates (if any) in Section C on the Bid Form.

5.2 In the event an Alternate does not involve a change in the amount of the base bid, the Bidder shall so indicated by writing "No Change", or "N/C" or "0" in the space provided for that Alternate.

5.3 Bidders shall enter on the Bid Form a single amount for each Alternate which shall consist of the amount for work performed by the Contractor.

5.4 The low Bidder will be determined on the basis of the sum of the base bid and the accepted alternates.


ARTICLE 6 - WITHDRAWAL OF BIDS

6.1 Any bid may be withdrawn prior to the time designated for receipt of bids on written or electronic request. Electronic withdrawal of bids must be confirmed over the Bidder's signature by written notice postmarked on or before the date and time set for receipt of bids.

6.2 Withdrawn bids may be resubmitted up to the time designated for the receipt of bids.

6.3 No bids shall be withdrawn within thirty days, Saturdays, Sundays and legal holidays excluded, after the opening of the bids.

ARTICLE 7 - CONTRACT AWARD

7.1 The City is soliciting prices for the items set forth in the Item Sheets at 78-82 below. It is the City’s intent to awardone contract to the responsive and eligible bidder offering the lowest Total Bid amount. A contract will be awarded within sixty (60) days, Saturdays, Sundays, and legal holidays excluded, after the opening of bids.

7.2 The City of Newton reserves the right to waive minor informalities in or to reject any or all Bids if it be in the public interest to do so.

7.3 The City reserves the right to reject any bidder who has failed to pay any local taxes, fees, assessments, betterments, or any other municipal charge, unless the bidder has a pending abatement application or has entered into a payment agreement with the collector-treasurer.

7.4 As used herein, the term "lowest responsible and eligible Bidder" shall mean the Bidder (1) whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary for the faithful performance of the work; (2) who has met all the requirements of the invitation for bids; (3) who shall certify that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (4) who, where the provisions of section eight B of chapter twenty-nine apply, shall have been determined to be qualified thereunder.

7.5 Subsequent to the award and within five (5) days, Saturday, Sundays and legal holidays excluded, after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the City a Contract in the form included in the Contract Documents in such number of counterparts as the City may require.

7.6 In the event that the City receives low bids in identical amount from two or more responsive and responsible Bidders, the City shall select the successful Bidder by a blind selection process chosen by the City such as flipping a coin or drawing names from a hat. The low Bidders who are under consideration will be invited to attend and observe the selection process.

ARTICLE 8 - TAXES

8.1 The Bidder shall not include in this bid any tax imposed upon the sale or rental of tangible personal property in this Commonwealth, such as any and all building materials, supplies, services and equipment required to complete the work.

8.2 The City is exempt from payment of the Massachusetts Sales Tax, and the Bidder shall not include any sales tax on its bid. The City’s exemption Number is E-046-001-404.

ARTICLE 9 – PROPRIETARY SPECIFICATIONS

9.1 The City has used a proprietary specification to describe the supply listed in the specifications. Such specifications are permitted under M.G.L. c. 30, §39M(b), provided that the City state in writing that use of the proprietary specification is in its best interest and that it will accept an “equal” of the item specified. An item is considered equal if (i) it is at least equal in quality, durability, appearance, strength, and design; (ii) will perform the intended function at least equally; and(iii) conforms substantially, even with deviations, to the detailed requirements contained in the specifications. Bidders wishing to provide an equal item should do so with their bids. The City shall have the sole right to determine whether or not said item is equal.

9.2 The required determination and justification have been duly prepared, and a copy may be requested in accordance with the Massachusetts Public Records Law, M.G.L. c. 66, §10.


END OF SECTION


CITY OF NEWTON

DEPARTMENT OF PURCHASING

BID FORM #15-82

A. The undersigned proposes to supply and deliver the materials specified below in full accordance with the Contract Documents and Project Manual supplied by the City of Newton entitled:


for the contract price specified below, subject to additions and deduction according to the terms of the specifications.

B. This bid includes addenda number(s) , , , ,

C. The Contractor shall insert prices for each item in ink, in both words and figures.

Dollars and $ (Contract price shall equal the Total Bid from Item Sheets at pp. 78-82 below.)

COMPANY NAME:

D. The undersigned has completed and submits herewith the following documents:

Bidder's Qualifications and References Form, 2 pages

Certificate of Non-Collusion, 1 page

Debarment Letter, 1 page

IRS Form W-9, 1 page

Signed Bid Form, 2 pages

Item Sheet, 2 pages

A five percent (5%) bid deposit.

O Trench Permit issued pursuant to G.L. c. 82A §1 and 520 CMR 7.00 et seq.(as amended)

E. Prompt Payment Discounts. Bidders are encouraged to offer discounts in exchange for an expedited payment. Payments may be issued earlier than the general goal of within 30 days of receipt of the invoice only when in exchange for discounted prices. Discounts will not be considered in determining the lowest responsible bidder.

Prompt Payment Discount %_ Days Prompt Payment Discount_ %_ Days Prompt Payment Discount %_ Days


F. The undersigned agrees that, if selected as general contractor, s/he will within five days, Saturdays, Sundays and legal holidays excluded, after presentation thereof by the City of Newton, execute a contract in accordance with the terms of this bid and furnish a labor and materials payment bond of a surety company qualified to do business under the laws of the commonwealth and satisfactory to the City of Newton in the sum not less than 50% of the contract price, the premiums for which are to be paid by the contractor and are included in the contract price.

The undersigned hereby certifies that s/he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the work and that s/he will comply fully with all laws and regulations applicable to awards made subject to section forty-four A of M.G.L. Chapter 30, s 39M.

The undersigned certifies that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (2) that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration (“OSHA”) that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and (3) that all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by the United States OSHA that is at least 10 hours in duration. The undersigned understands that any employee found on a worksite subject to this section without documentation of successful completion of a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration shall be subject to immediate removal.

The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word "person" shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the Commonwealth under the provisions of section twenty-nine F of chapter twenty-nine, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder.

The undersigned further certifies under the penalties of perjury that they have familiarized themselves with the changes to the Prevailing Wage Rates, Price Adjustment Clauses, in accordance to Chapter 303 Acts of 2008.

Date

(Name of General Bidder)

BY:

(Printed Name and Title of Signatory)

(Business Address)

(City, State Zip)

/ (Telephone) (FAX)

(E-mail address)

NOTE: If the bidder is a corporation, indicate state of incorporation under signature, and affix corporate seal; if a


partnership, give full names and residential addresses of all partners; if an individual, give residential address if different from business address; and, if operating as a d/b/a give full legal identity. Attach additional pages as necessary.

END OF SECTION


CITY OF NEWTON

BIDDER'S QUALIFICATIONS AND REFERENCES FORM

All questions must be answered, and the data given must be clear and comprehensive. Please type or print legibly. If necessary, add additional sheet for starred items. This information will be utilized by the City of Newton for purposes of determining bidder responsiveness and responsibility with regard to the requirements and specifications of the Contract.

1. FIRM NAME:

2. WHEN ORGANIZED:

3 INCORPORATED? YES NO DATE AND STATE OF INCORPORATION:

4. IS YOUR BUSINESS A MBE? YES NO WBE? YES NO or MWBE? YES NO

* 5. LIST ALL CONTRACTS CURRENTLY ON HAND, SHOWING CONTRACT AMOUNT AND ANTICIPATED DATE OFCOMPLETION:

* 6. HAVE YOU EVER FAILED TO COMPLETE A CONTRACT AWARDED TO YOU? YES NO IF YES, WHERE AND WHY?

* 7. HAVE YOU EVER DEFAULTED ON A CONTRACT?

IF YES, PROVIDE DETAILS.

YES NO

* 8. LIST YOUR VEHICLES/EQUIPMENT AVAILABLE FOR THIS CONTRACT:


* 9. IN THE SPACES FOLLOWING, PROVIDE INFORMATION REGARDING CONTRACTS COMPLETED BY YOUR FIRM SIMILAR IN NATURE TO THE PROJECT BEING BID. A MINIMUM OF FOUR (4) CONTRACTS SHALL BE LISTED. PUBLICLY BID CONTRACTS ARE PREFERRED, BUT NOT MANDATORY.

PROJECT NAME: OWNER: CITY/STATE:


DOLLAR AMOUNT: $ PUBLICLY BID? YES NO

DATE COMPLETED:

TYPE OF WORK?: CONTACT PERSON:

TELEPHONE #: _)

CONTACT PERSON'S RELATION TO PROJECT?: (i.e., contract manager, purchasing agent, etc.)

PROJECT NAME: OWNER: CITY/STATE: DOLLAR AMOUNT: $ PUBLICLY BID?TYPE OF WORK?:

YESDATE COMPLETED:

NOCONTACT PERSON:CONTACT PERSON'S RELATION TO PROJECT?:

TELEPHONE #: ( )

(i.e., contract manager, purchasing agent, etc.)


YESDATE COMPLETED:

NOCONTACT PERSON:_CONTACT PERSON'S RELATION TO PROJECT?:_

TELEPHONE #: ( )



YESDATE COMPLETED:

NOCONTACT PERSON:CONTACT PERSON'S RELATION TO PROJECT?:

TELEPHONE #:( )


10. The undersigned certifies that the information contained herein is complete and accurate and hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Newton in verification of the recitals comprising this statement of Bidder's qualifications and experience.

DATE:

BIDDER:


SIGNATURE:

PRINTED NAME: TITLE:

END OF SECTION


CERTIFICATE OF NON-COLLUSION

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word “person” shall mean any natural person, business, partnership, corporation, union, committee club, or other organization, entity, or group or individuals.

(Signature of individual)

Name of Business


City of Newton

MayorSetti D. Warren

Purchasing DepartmentNicholas ReadChief Procurement

Officer1000 Commonwealth Avenue

Newton Centre, MA 02459-1449 [email protected]

Telephone (617) 796-1220

Fax: (617) 796-1227

TDD/TTY (617) 796-1089

Date

Vendor

Re: Debarment Letter for Invitation For Bid #15-82

As a potential vendor on the above contract, the City requires that you provide a debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form.

Debarment:Federal Executive Order (E.O.) 12549 “Debarment and Suspension“ requires that all contractors receiving individual awards, using federal funds, and all sub-recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government.

I hereby certify under pains and penalties of perjury that neither I nor any principal(s) of the Company identified below is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

(Name) (Company)_ (Address)

(Address) PHONE FAX

EMAIL

Signature

Date

.If you have questions, please contact Nicholas Read, Chief Procurement Officer at (617) 796-1220.

X

Name



CONTRACT FORMS

The awarded bidder will be required to complete and submit documents substantially similar in form to the following.

These forms may need to be modified on account of changed circumstances, and are provided for informational purposes only.


CITY - CONTRACTOR AGREEMENT

CONTRACT NO. C -

THIS AGREEMENT made this day of in the year Two Thousand and Fifteen by and between the CITY OF NEWTON, a municipal corporation organized and existing under the laws of the Commonwealth of Massachusetts, hereinafter referred to as the CITY, acting through its Chief Procurement Officer, but without personal liability to him, and hereinafter referred to as the CONTRACTOR.

The parties hereto for the considerations hereinafter set forth agree as follows:

ARTICLE 1. STATEMENT OF WORK. The Contractor shall furnish all labor, materials, and equipment and perform all work required in strict accordance with the Contract Documents for the following project:


ARTICLE 2. TIME OF COMPLETION. The Contractor shall commence work under this Contract on the date specified in the written notice of the City to proceed and shall fully complete all work hereunder within the time specified in the Summary of Work and Specific Work Requirements of the Project Manual. Time is of the essence with regard to this contract, and all work specified shall be completed within five months of the Contractor’s receipt of a Notice to Proceed. Failure to complete within the time specified shall be subject to the assessment of liquidated damages in accordance with the provisions contained in the Project Manual.

ARTICLE 3. THE CONTRACT PRICE. The City shall pay the Contractor for the full and satisfactory performance of the Contract, in current funds a sum not to exceed:

ARTICLE 4. CONTRACT DOCUMENTS. The Contract Documents consist of the following documents which are either attached to this Agreement or are incorporated herein by reference:

a. This CITY-CONTRACTOR Agreement;

b. The City's Invitation For Bid #15-82 issued by the Purchasing Department;

c. The Project Manual for: SIDEWALK CONSTRUCTION AT MULTIPLE LOCATIONS including the Instructions to Bidders; General Conditions; Special Conditions; MWBE/AA Requirements, Wage Rate Requirements and Wage Rate Schedule(s) including any updated prevailing wage rate schedules if applicable; The Supplementary Special Conditions; General Requirements and Project Specifications; and Drawings, if included or referenced therein;

d. Addenda Number(s) ;

e. The Bid Response of the CONTRACTOR submitted for this Project and accompanying documents and certifications;

f. Certificate(s) of Insurance and surety bond(s) submitted by the CONTRACTOR in connection with this Project;

g. Duly authorized and executed Amendments, Change Orders or Work Orders issued by the CITY after execution of this CITY-CONTRACTOR Agreement.

This CITY-CONTRACTOR Agreement, together with the other documents enumerated in this Article, constitute the entire Agreement between the CITY and the CONTRACTOR.


ARTICLE 5. ALTERNATES. The following Alternates have been accepted and their costs are included in the Contract Price stated in Article 3 of this Agreement:

Alternates: N/A

ARTICLE 6. APPLICABLE STATUTES. All applicable federal, state and local laws and regulations are incorporated herein by reference and the Contractor agrees to comply with same.

IN WITNESS WHEREOF, the parties have caused this instrument to be executed under seal the day and year first above written.

CONTRACTOR CITY OF NEWTON

By By Print Name Chief Procurement OfficerTitle Date Date

Affix Corporate Seal Here By Commissioner of Public Works

City funds in the amount of Date

$ are available in account number0140105A-52409 Approved as to Legal Form and Character

I further certify that the Mayor, or his

By Associate City Solicitor

designee, is authorized to execute contracts Date and approve change orders.

By

Comptroller of Accounts

CONTRACT & BONDS ARE APPROVED

By Date Mayor or his designee

Date


CERTIFICATE OF AUTHORITY - CORPORATE

1. I hereby certify that I am the Clerk/Secretary of (insert full name of Corporation)

2. corporation, and that (insert the name of officer who signed the contract and bonds .)

3. is the duly elected (insert the title of the officer in line 2)

4. of said corporation, and that on (insert a date that is ON OR BEFORE the date the officer signed the contract and bonds .)

at a duly authorized meeting of the Board of Directors of said corporation, at which all the directors were present or waived notice, it was voted that

5. the (insert name from line 2) (insert title from line 3)

of this corporation be and hereby is authorized to execute contracts and bonds in the name and on behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any contract of obligation in this corporation’s name and on its behalf, with or without the Corporate Seal, shall be valid and binding upon this corporation; and that the above vote has not been amended or rescinded and remains in full force and effect as of the date set forth below.

6. ATTEST:

AFFIX CORPORATE

(Signature of Clerk or Secretary)* SEAL HERE

7. Name: (Please print or type name in line 6)*

8. Date: (insert a date that is ON OR AFTER the date the officer signed the contract and bonds .)

* The name and signature inserted in lines 6 & 7 must be that of the Clerk or Secretary of the corporation.


CERTIFICATION OF TAX COMPLIANCE

Pursuant to M.G.L. c.62C, §49A and requirements of the City, the undersigned acting on behalf of the Contractor certifies under the penalties of perjury that the Contractor is in compliance with all laws of the Commonwealth relating to taxes including payment of all local taxes, fees, assessments, betterments and any other local or municipal charges (unless the Contractor has a pending abatement application or has entered into a payment agreement with the entity to which such charges were owed), reporting of employees and contractors, and withholding and remitting child support.*

**Signature of Individual *** Contractor's Social Security Numberor Corporate Contractor (Mandatory) (Voluntary) or Federal Identification Number

Print Name:_

By: Corporate Officer(Mandatory, if applicable)

Print Name:_

Date:

* The provision in this Certification relating to child support applies only when the Contractor is an individual.

** Approval of a contract or other agreement will not be granted until the City receives a signed copy of this Certification.

*** Your social security number may be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed, or extended .


CITY OF NEWTON, MASSACHUSETTS

PAYMENT BOND

Know All Men By These Presents:

That we, , as PRINCIPAL, and , as

SURETY, are held and firmly bound unto the City of Newton as Obligee, in the sum of dollars

($ ) to be paid to the Obligee, for which payments well and truly to be made, we bind ourselves, our

respective heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

Whereas, the said PRINCIPAL has made a contract with the Obligee, bearing the date of , 2015 for the

construction of in Newton, Massachusetts.

(Project Title)

Now, the conditions of this obligation are such that if the PRINCIPAL and all Sub-contractors under said contract shall

pay for all labor performed or furnished and for all materials used or employed in said contract and in any and all duly authorized

modifications, alterations, extensions of time, changes or additions to said contract that may hereafter be made, notice to the

SURETY of such modifications, alterations, extensions of time, changes or additions being hereby waived, the foregoing to

include any other purposes or items set out in, and to be subject to, provisions of M.G.L. c. 30, sec. 39A, and M.G.L. c. 149 sec.

29, as amended, then this obligation shall become null and void; otherwise it shall remain in full force, virtue and effect.

In Witness Whereof, the PRINCIPAL and SURETY have hereto set their hands and seals this day of , 2015.

PRINCIPAL SURETY

BY BY

(SEAL) (ATTORNEY-IN-FACT) (SEAL)

(Title)

ATTEST: ATTEST:


CITY OF NEWTON

GENERAL CONDITIONS OF THE CONTRACT

FOR PUBLIC WORKS CONSTRUCTION

ARTICLE 1

Definitions

The word "Commissioner" shall mean the official duly authorized to act for the City of Newton in the execution of the work of this contract, acting directly or through properly authorized agents.

The word "Engineer," or "City Engineer," shall mean the City Engineer of the City of Newton, acting directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them.

The word "Contractor" shall mean the party or parties contracting to perform the work covered by this contract or his, or their, legal representatives, successors or assigns.

The word "Plans" shall mean plans, and all related drawings, diagrams, profiles and specifications referred to and included in the Project Manual for this contract.

The word "City" shall mean the City of Newton.

The word “Project” shall mean the services which are the subject of the Contract Documents.

The words “Subcontract” and Subcontractor” shall refer to project contracts between the Contractor and a subcontractor, and the subcontractor thereunder.

The term “Substantial Completion” shall mean either that the work required by the contract has been completed except for the work having a contract price of less than one per cent of the then adjusted contract price, or substantially all of the work has been completed and opened to public use except for minor incomplete or unsatisfactory work items that do not materially impair the usefulness of the work required by the contract.

ARTICLE 2Plans, Drawings, Profiles

1.The work shall be done in accordance with Plans referred to in Article 1 and such further working and detail plans, drawings and profiles as may be furnished from time to time by the Engineer. All said plans, general and detail, are to be deemed a part of this contract, and the said Plans, specifications and contract are to be considered together, so that any work mentioned in the contract, though not shown on the Plans, and any work shown on the Plans though not mentioned in the contract, is to be provided by the Contractor as a part of this contract. Figured dimensions are to prevail over scale. All things which in the opinion of the Engineer may fairly be inferred from the contract, Plans and specifications, are to be executed by the Contractor as a part of the contract; and the Engineer shall be sole judge as to whether detail plans, drawings and profiles conform to the Plans and the contract.

Discrepancy in Plans

2.The Contractor shall carefully examine all said Plans, profiles, drawings, specifications and orders; all figures, dimensions, lines, marks and scales thereof, and all directions of the Commissioner and the Engineer relating to the work, and conform to those in relation to which there is no doubt or discrepancy, but at once submit all cases of doubt or discrepancy to the Engineer for adjustment. Anything done on any part of the work for which special information or drawing should be procured, unless done in accordance with such information or drawing, or anything done in relation to which there is doubt or discrepancy, except in accordance with the adjustment thereof, or done in violation of law or public authority, is to be redone if the Commissioner shall so direct.


ARTICLE 3Inspection

The Contractor in carrying on the contract shall conform to all determinations and directions of the Engineer relating to the proper interpretation of the Plans, , the fitness of persons employed on the work or the number thereof, or the suitableness, amount, quality, and value of anything done or any materials used, and the Contractor shall permit the Commissioner and/or the Engineer and/or persons designated by them to enter upon the work and inspect the same at all times and in all places, and shall provide safe and convenient facilities for making such entry and inspection.

ARTICLE 4Change in Plans and Work

The City, acting through the Commissioner and upon his written order only, from time to time given to the Contractor or his foreman, may change, increase or take away any part of the work, or change the specifications, Plans, drawings, form or materials thereof. Any deduction or addition thereto is to be allowed, or paid for at a price to be determined, within not more than 15 days of the completion of the change, by the City Engineer acting in the same capacity as an architect in a building contract as between City and Contractor. Any demand for addition or deduction must be made in writing to the City Engineer within seven (7) days of the time change was ordered.

ARTICLE 5Time and Manner of Doing the Work

1. The Contractor shall begin work upon receipt of written Notice to Proceed. Once begun the work shall be carried out in a continuous and uninterrupted fashion with sufficient workforce and resources to assure completion by the date for completion established by the Contract Documents.

2. The Contractor shall carry on the work in accordance with the requirements of law and of all other public authorities, and to the satisfaction of the Commissioner; he shall give all notices, take out all permits, pay all charges and fees, give personal supervision to the work and keep thereon a competent foreman and sufficient employees, skilled in the several parts which are given them to do.

Maintenance of Travel

3. As applicable, the Contractor shall conduct his work so as to interfere as little as possible with public travel, and shall give property owners proper means of access to their property where existing access has been cut off by the work. The Contractor shall keep the streets open for through travel except where, in the opinion of the Commissioner, it is necessary to close the street. The continuous length of the street occupied for the work shall be kept as short as possible, and no part of the work shall be unnecessarily delayed. Wherever the Commissioner shall direct, trenches shall be bridged by the Contractor in a proper and secure manner so as not to interrupt travel. Free access shall be maintained at all times to all water gates, gas gates, and fire hydrants.

Abandonment of Work by Contractor

4. In the event the City Engineer certifies to the Commissioner that the work is not being so carried forward or if the Contractor at any time is not carrying on the work to the satisfaction of the Commissioner, or is not observing any of the provisions of the contract, or has abandoned the work, or become insolvent or assigned his property, the City, acting by the Commissioner and at his discretion, may, with or without notice to the Contractor, or advertising for doing the work, and by contract, day labor or otherwise, do any part of the work which the Contractor has failed to do or replace any part not done to the satisfaction of the Commissioner, or take possession of the work and complete the same, and in doing so may use any implements, machinery or materials on or about the work which are the property of the Contractor, charging the Contractor any excess cost for completing the work, which excess cost the Contractor agrees to pay.


ARTICLE 6Compensation for Work

1. Subject to the provisions of Paragraph 10 of this Article, the price named in the proposal and accepted by the City shall be paid by the City and received by the Contractor as full compensation for furnishing materials and for use of tools, forms, machinery and other implements, and for labor in moving materials and executing all the work contemplated in this contract, also for loss or damage arising from delay however occasioned, or out of the nature of the work aforesaid or from the action of the elements, from floods, or from any unforeseen obstructions or difficulties which may be encountered in the prosecution of the same and for all risks of every description connected with the work and for well and faithfully completing the work in the proper manner and according to the plans and specifications and requirements of the Commissioner under them.

2. During the first week of each calendar month, the City Engineer shall cause all work done by the Contractor during the previous month to be measured and shall estimate the value thereof and, on or before the 10th of each month issue a certificate to the Commissioner of the measurements and the amount due the Contractor according to the terms of his contract.

3. The City shall pay the Contractor on approval of the Commissioner monthly on or before the 18th of each month for all work done during the preceding month according to the aforementioned certificate of the City Engineer, less 5 per cent of the amount of such work and less any amounts due the City by the Contractor.

Final and Substantial Completion

4.Upon substantial completion of the work required by the Contract, the Contractor must present to the City Engineer written certification that the work is substantially complete. Within 21 calendar days after such certification is presented, the City Engineer shall present to the Contractor either a written declaration that the work is substantially complete or an itemized list of incomplete or unsatisfactory work items sufficient to demonstrate that the work is not substantially complete. The City Engineer shall include with such itemized list a date by which the work items must be completed, which date may not be earlier than the date for substantial completion established in the Contract Documents. If the City Engineer does not respond as provided herein within 21 calendar days, then the date of the Contractor’s certification shall become the date for effective declaration of substantial completion.

5. Within 15 calendar days after the effective declaration of substantial completion, the City Engineer shall send to the Contractor by certified mail, return receipt requested, a complete list of all incomplete or unsatisfactory work items. Unless delayed by causes beyond the Contractor’s control, with an extension of time granted pursuant to Article 8, the Contractor must complete the work items within 45 calendar days after receipt of the list, or by the contractual completion date, whichever is later. If the contractor fails to complete the work within the required time the City may, notwithstanding other rights and remedies at its disposal, and upon seven days written notice to the Contractor terminate the contract and complete the incomplete or unsatisfactory work items and charge the cost of same to the Contractor.

6. Within 65 calendar days following the effective declaration of substantial completion, the City Engineer shall issue to the Commissioner who shall cause to be paid to the Contractor a substantial completion estimate which estimate shall consist of the balance of the then current contract price less a one percent retention, the estimated cost to complete incomplete or unsatisfactory work items, the value of any outstanding claims against the Contractor and the sum of all demands for direct payment made pursuant to Article 12 herein, provided that until final acceptance, the City shall retain five percent of the value of all items planted in the ground.

7. The Contractor shall provide written notice to the City Engineer when the work has been brought to final completion. Within ten days following receipt of such notice, and providing his inspection shows no work items remain incomplete or unsatisfactory, the City Engineer shall issue to the Commissioner a final certificate of the total amount of work done and the money due the Contractor therefor, crediting thereon the amounts of the previous payments. In making the final certificate, the City Engineer shall not be bound by any preceding certificate or estimate of the amount of work done or materials furnished.

8. Within 30 calendar days following receipt of final completion, the City shall pay the Contractor, on the approval of the Commissioner, the percentages retained and the balance due the Contractor according to the aforementioned final certificate of the City Engineer less any indebtedness of the Contractor for incomplete or unsatisfactory work or claims made by or against the City. If a claim or claims are made, or notice of liability given, such amounts due the Contractor may be paid upon satisfaction of such claims or upon furnishing of indemnity to said City against all loss, cost, damage or expense by reason of such claims.


9. The City, on making any payment after the completion of the work, shall be released from all claim or liability to the Contractor for anything done or used, or for any loss or injury sustained in carrying on the contract, or for any act, omission, neglect or mistake of the City or any person relating to or affecting the contract, except for the balance of any sum retained as aforesaid.

Extra Work

10. The Contractor shall be paid for any additions, or deductions as provided in Article 4, paragraph 1, and for extra labor done by, and for extra materials furnished by him in compliance with the written order only of the Commissioner, calling for work not similar in character to that covered by the items given in the proposal, and for which no price is set in the said written order, the direct (not including consequential) cost to the Contractor, as determined to be reasonable by the Commissioner, plus fifteen per cent of said costs as so determined in regard to labor only. For teams or trucks so furnished, no payment shall be made to the Contractor beyond the current local rate as determined by the Commissioner in each case. The direct cost of labor may include the cost of mechanics and laborers furnished and a reasonable proportion of the time of the foreman and timekeeper, but it shall in no case include any charge for the use of tools, for establishment charges or for time spent by the Contractor. The actual cost of insurance on extra pay rolls and of materials furnished for extra work, shall be paid without any addition. The labor and materials so ordered shall constitute a part of the work to be done under the contract; and all and singular the provisions of the contract shall apply to said labor and materials as if the same were specified therein. The Contractor shall have no claim for the above mentioned extra labor and materials unless he furnishes the details and bills therefor within one week after doing any such labor or furnishing any such materials.

11. No claim of the Contractor against the City under this contract shall be deemed valid unless such claim is presented to the Commissioner within ten days from the time when the Contractor first knows of, or has opportunity to know of, the acts and circumstances on which such claim is based.

12. A payment or payments to the Contractor, in cases where these provisions or any of them, are not complied with, shall not be construed as a waiver of said provisions or any part thereof.

Contract Made Subject to Appropriations

13. This contract is made subject to appropriation heretofore made and shall not be altered unless the Contractor, the sureties on the bond, if any, the officer making the contract and the Mayor shall in writing agree thereto.

ARTICLE 7

Liquidated Damages

1. In case the work embraced in the contract shall not have been substantially completed by the date(s) stipulated therein, the Contractor shall pay to the City of Newton as liquidated damages a designated sum per calendar day for the entire period of overrun until the work is substantially completed in accordance with the following Schedule of Deductions and, in addition, the Contractor shall pay without reimbursement the entire cost of all traffic officers, railroad flagmen, inspectors, or other personnel the City Engineer and/or the Chief Engineer of the railroad determines to be necessary during the period of overrun of time.

SCHEDULE OF DEDUCTIONS

Original Contract Amount Daily ChargeFrom More Than To and Including Per Calendar Day

$ 0. $ 25,000. $ 30.25,000. 50,000. 50.50,000. 100,000. 100.

500,000. 1,000,000. 150.1,000,000. 2,000,000. 200.2,000,000. 300.

2. In case the work covered by the contract shall not have been brought to final completion within 45 calendar days following the date of declaration of substantial completion, the Contractor shall pay to the City of Newton as


liquidated damages the sum of $150.00 for each week or portion thereof during the period of overrun until the work is complete.


3. Whatever sum of money may become due and payable to the City of Newton by the Contractor under this Article may be retained out of money belonging or owed to the Contractor in the hands and possession of or by the City of Newton. It is agreed that this Article shall be construed and treated by the parties to the contract not as imposing a penalty upon said Contractor for failing fully to complete said work as agreed on or before the time specified in the proposal, but as liquidated damages to compensate said City of Newton for all additional costs incurred by it because of the failure of the Contractor fully to complete said work on or before the date of completion specified in the proposal.

ARTICLE 8Delays and Extensions of Time

1. If the Contractor is delayed at any time in the progress of the work by an act or neglect of the City, or by changes in the work ordered by the City, or by unseasonably inclement weather, or by other causes deemed by the City Engineer to be beyond the Contractor’s control, and which the City Engineer determines may justify delay, then the time for completion may be extended for such reasonable time as the City Engineer may determine.

2. No such extension of time will be allowed unless the Contractor submits a written request for an extension to the City Engineer no later than 10 calendar days of the start of the occurrence or event giving rise thereto. Each such request must describe the occurrence or event and specify the manner and extent that such occurrence or event is causing or has caused a delay in the work. The City Engineer shall promptly investigate each request and make his written determination to the Commissioner and the Contractor within 10 days after receipt of the request. In his determination the City Engineer may either grant, deny, or modify the length of the requested extension.

3. If the City Engineer’s determination so warrants, the Commissioner shall authorize a written Change Order to the Contract extending the time for completion. No extension of time shall be deemed as granted until said Change Order has been duly executed by the parties.

4. Change Orders which may be executed by the City and the Contractor in connection with additions, extra labor and/or extra materials shall not be considered as allowing extensions of the time for completion unless the change order expressly specifies that additional time is allowed in connection with the work under the change order. Once a Change Order has been executed by the parties, any request by the Contractor for an extension of time based solely on the fact that additions, extra labor and/or extra materials are required by the Change Order will be denied by the City Engineer.

5. Permitting the Contractor to continue and finish the work or any part of it after the times fixed for its completion, or after the date to which the time for completion may have been extended, shall in no way operate as a waiver on the part of the City of Newton of any of its rights under the contract. The Contractor remains liable for damages caused other than by delay.

ARTICLE 9Lines and Grades

The Contractor shall retain a Registered Land Surveyor who shall furnish such boards and stakes and cause to be placed thereon, such lines, marks and directions relating to the work as the Commissioner or City Engineer shall from time to time direct.

ARTICLE 10Public Service Pipes and Conduits

1. The Contractor shall maintain such pipes or conduits of public service corporations or of the City as are across or within the lines of the work until such time as said public service corporations or the City assume the maintenance or removal of said pipes or conduits. The Commissioner will notify such public service corporations to that effect on the existence of such obstructions to the work being brought to his notice by the Contractor. The City will relocate either temporarily or permanently all water mains and water service pipes, or hydrants, and drains or sewers which may interfere with the work contemplated in this contract. (This clause is not to be construed as applying to such pipes as may be readily supported and protected during the progress of the work.) The cost of shutting off and turning on water in water mains during blasting shall be assumed by the City.

Protection of Existing Structures


2. All existing gas pipes, water pipes, sewers, drains, conduits, or other structures which are uncovered by the excavation shall be carefully supported and protected from injury by the Contractor, and, in case of injury, they shall be restored by him, without compensation therefor, to as good condition as that in which they were found, and shall be kept in repair until 6 months after the completion of the work. The Contractor shall provide suitable temporary channels for water at all water courses. Wherever the work passes under or adjacent to street railway tracks, the Contractor shall make all necessary arrangements with the railway company for doing any work which may affect the property of the company or interfere with the operating of the railway, and he shall be liable for any damage that may be caused by any act, omission or neglect on his part, and shall pay all expenses of every kind incidental to this work.

Changing the Location of Existing Structures

3. Whenever it becomes necessary to change the location of any water or gas pipes, sewers, drains, conduits or other structures not otherwise provided for in these specifications, the Contractor shall do the whole or such portions of the work of making such changes as the Commissioner may require, and shall receive in payment therefor the reasonable cost of the work done as determined by the Commissioner plus 15 per cent of such cost. In estimating such cost, no allowance shall be made to the Contractor for the use of tools not especially provided for this work, for general superintendence, or for any overhead expenses except liability insurance.

ARTICLE 11Co-operation with Other Contractors

The Contractor shall conduct the work in such manner as not to interfere with other work being done by the City, by contract or otherwise, and if deemed necessary by the Commissioner, the work under this contract shall conform to the progress of said other work; shall co-operate with other contractors or employees who may be doing work for the City, and with public service corporations affected by the work, in arranging for storage places, connections, bracings, temporary support for structures, repairs, etc.

ARTICLE 12Subcontracts

1. The Contractor, in any contract with a Subcontractor, shall provide that the Subcontractor shall be subject to all specifications, terms, provisions, conditions, requirements and liabilities set forth in this contract so far as such specifications, terms, provisions, conditions, requirements and liabilities are applicable to the work to be done under such Subcontract, and shall also provide that such Subcontract shall be terminated by the Contractor whenever the Commissioner shall certify to him in writing that in his opinion the work of the Subcontractor is unnecessarily or unreasonably delayed or that the Subcontractor has violated any of the provisions of this contract. The Contractor shall at once terminate such subcontract if the Commissioner, after certifying as aforesaid, shall in writing direct the Contractor to make such termination.

2. Subcontracts shall be made in writing and the Contractor shall furnish the Commissioner with a copy of all Subcontracts on demand.

3. Pursuant to the provisions of M.G.L. Ch. 30, Sec. 39F (1), the following provisions are included in the General Conditions:

(a) Forthwith after the Contractor receives payment on account of a periodic estimate, the Contractor shall pay to each Subcontractor the amount paid for the labor performed and the materials furnished by that Subcontractor, less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the Subcontractor by the Contractor.

(b) Not later than the sixty-fifth day after each Subcontractor substantially completes his work in accordance with the plans and specifications, the entire balance due under the Subcontract less amounts retained by the City as the estimated cost of completing the incomplete and unsatisfactory items of work, shall be due the Subcontractor; and the City shall pay that amount to the Contractor. The Contractor shall forthwith pay to the Subcontractor the full amount received from the City less any amount specified in any court proceedings barring the payment and also less any amount claimed due from the Subcontractor by the Contractor.


(c) Each payment made by the City to the Contractor pursuant to subparagraphs (a) and (b) of this paragraph for the labor performed and the materials furnished by a Subcontractor shall be made to the Contractor for the account of the Subcontractor; and the City shall take reasonable steps to compel the Contractor to make each such payment to each such Subcontractor. If the City has received a demand for direct payment from a Subcontractor for any amount which has already been included in a payment to the Contractor or which is to be included in a payment to the Contractor for payment to the Subcontractor as provided in subparagraphs (a) and (b), the City shall act upon the demand as provided in this section.

(d) If, within seventy days after the Subcontractor has substantially completed the Subcontract work, the Subcontractor has not received from the Contractor the balance due under the Subcontract including any amount due for extra labor and materials furnished to the Contractor, less any amount retained by the City, the demand shall be by a sworn statement delivered to or sent by certified mail to the City , and a copy shall be delivered to or sent by certified mail to the Contractor at the same time. The demand shall contain a detailed breakdown of the balance due under the Subcontract and also a statement of the status of the completion of the Subcontract work shall be valid even if delivered or mailed prior to the seventieth day after which the Subcontractor has substantially completed the Subcontract work. Within ten days after the Subcontractor has delivered or so mailed the demand to the City and delivered or so mailed a copy to the Contractor, the Contractor may reply to the demand. The reply shall be by a sworn statement delivered to or sent by certified mail to the City and a copy shall be delivered to or sent by certified mail to the Subcontractor at the same time. The reply shall contain a detailed breakdown of the balance due under the Subcontract including any amount due for extra labor and materials furnished to the Contractor and of the amount due for each claim made by the Contractor against the Subcontractor.

(e) Within fifteen days after receipt of the demand by the City, but in no event prior to the seventieth day after substantial completion of the Subcontract work, the City shall make direct payment to the Subcontractor of the balance due under the Subcontract including any amount due for extra labor and materials furnished to the Contractor, less any amount(i) retained by the City as the estimated cost of completing the incomplete or unsatisfactory items of work (ii) specified in any court proceedings barring such payment, or, (iii) if the reply shall not deduct from a direct payment any amount as provided in part (iii) if the reply is not sworn to, or for which the sworn reply does not contain the detailed breakdown required by subparagraph (d). The City shall make further direct payments to the Subcontractor forthwith after the removal of the basis for deductions from direct payments made as provided in parts (i) and (ii) of this subparagraph.

(f) The City shall forthwith deposit the amount deducted from a direct payment as provided in part (iii) of subparagraph (e) in an interest-bearing joint account in the names of the Contractor and the Subcontractor in a bank in Massachusetts selected by the City or agreed upon by the Contractor and the Subcontractor and shall notify the Contractor and the Subcontractor of the date of the deposit and the bank receiving the deposit. The bank shall pay the amount in the account, including accrued interest, as provided in an agreement between the Contractor and the Subcontractor or as determined by decree of a court of competent jurisdiction.

(g) All direct payments and all deductions from demands for direct payments deposited in an interest-bearing account or accounts in a bank pursuant to subparagraph (f) shall be made out of amounts payable to the Contractor at the time of receipt of a demand for direct payment from a Subcontractor and out of amounts which later become payable to the Contractor and in the order of receipt of such demands from Subcontractors. All direct payments shall discharge the obligation of the City to the Contractor to the extent of such payment.

(h) The City shall deduct from payments to a Contractor amounts which, together with deposits in interest-bearing accounts pursuant to subparagraph (f), are sufficient to satisfy all unpaid balances of demands for direct payment received from Subcontractors. All such amounts shall be earmarked for such direct payments, and the Subcontractors shall have a right in such deductions prior to any claims against such amounts by creditors of the Contractor.

ARTICLE 13Responsibility for Work-Contractor's Responsibility

The Contractor has made his proposal from his own examinations and estimates, and shall not hold the City, its agents, or employees, responsible for or bound by, any schedule, estimate, sounding, boring, or any plan of any part of the work; shall, if any error in any plan, drawing, specification or direction relating to anything to be done under the contract come to his knowledge, report it at once to the Commissioner; shall not, except as the Commissioner shall authorize in writing, assign or sublet any part of the contract except for the supply of materials and plant, or of anything to be done thereunder; shall, subject to the provisions of the contract take all responsibility of, and bear all losses resulting to him in carrying on the contract, and shall assume the defense of, and hold the City, its agents and employees harmless from all


suits and claims against them, or any of them, arising from the use of any invention, patent or patent right, material, labor or


implement, by or from any act or omission or neglect of the Contractor, his Subcontractor, his agents or employees, in carrying on the contract, or for any liability of any nature arising under the contract. The Contractor shall be solely responsible and liable for, and shall fully protect and indemnify the City against all claims for damages to persons or property occasioned by or resulting from blasting or other methods or processes in the work of construction, whether such damages be attributable to negligence of the Contractor, his employees or his Subcontractor or otherwise.

ARTICLE 14 LIGHTS--GUARDS

1. The Contractor shall assume all responsibilities of the work and take all proper precautions to protect persons and property from injury and unnecessary interference; leave a reasonably unobstructed way along public and private places for pedestrians, teams, and vehicles, and for access to hydrants; provide proper walks over or around any obstruction made in a public or private place in carrying on the contract, and maintain from the beginning of twilight through the whole of every night, on or near the obstruction sufficient lights and guards to protect travelers from injury thereby, and if, after one notification from the Commissioner that said lights and guards are not sufficient, the Contractor has not placed additional lights and guards to the satisfaction of the Commissioner, the Commissioner shall have the right to take charge of that part of the work at the expense of the Contractor. While the work is suspended he shall keep all roadways and sidewalks in proper condition, and when the work is completed put the place and vicinity in proper condition and so leave them.

2. The Contractor shall provide proper means of access to property where the existing access is cut off by the Contractor and replace or put in good condition every conduit, catch-basin, tree, wall, fence, or other thing injured by the Contractor in carrying on the contract, unless the same has been permanently done away with, on approval of the Commissioner, as being necessary to the proper carrying on of the contract.

ARTICLE 15Guaranty

1. Any settlement or other defect, or the failure of any part of the structure or the work due to defective materials or workmanship, that occurs within one year after the work is completed, is to be immediately repaired by the Contractor. In the event of any such settlement, defect, or failure causing liability to the City for damage to persons or property, the Contractor does by this clause agree to hold the City harmless and to assume the defense of any claims therefor.

2. Responsibility under this guaranty for the adequacy of the work does not relieve the Contractor of his obligation to comply with the terms of the contract and to conform to all the requirements of the plans and specifications, nor does it give him the right to deviate in any way from the details of design of the structure or the work.

ARTICLE 16Defective Work and Materials

The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill his contract as herein described, and defective work shall be made good and unsuitable materials may be rejected, notwithstanding that such work and materials have been previously overlooked by the Engineer and accepted or estimated for payment. If the work or materials, or any part thereof shall be found defective at any time before the final acceptance of the whole work, the Contractor shall forthwith make good such defect in a manner satisfactory to the Engineer, and if any material brought upon the ground for use in the work or selected for the same, shall be condemned by the Engineer as unsuitable or not in conformity with the specifications, the Contractor shall forthwith remove such materials from the vicinity of the work.Nothing in this contract shall be construed as vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil, but all materials shall, upon being so attached or affixed, become the property of the City.


ARTICLE 17Employment of Labor

The Contractor shall give preference in employment, first to citizens of Massachusetts, second, to other citizens of the United States; and shall allow all employees on said work to lodge, board and trade where they choose, and shall not obstruct any other person in doing work for the City; and shall conform to all labor laws of the Commonwealth; and no laborer or teamster, workman or mechanic working within this Commonwealth in the employ of the Contractor or Subcontractor or other person doing or contracting to do the whole or a part of the work contemplated by the Contractor shall be requested to, or required to, or work more than eight hours in any one calendar day. This contract is subject to all the laws of the Commonwealth, and ordinances of the City and if any clause thereof does not conform to such laws and ordinances, such clause shall be void and such laws and ordinances operated in lieu thereof.

ARTICLE 18Laws and Regulations - Contractor to Comply with Law

The Contractor shall keep fully informed of all existing or future acts of the legislature, and of all municipal ordinances, prohibitions, rules and regulations in any manner affecting the conduct of the work, and of all orders or decrees of any body or tribunal having any jurisdiction or authority over the materials, times, places and actions of those employed in the work embraced in the contract. The Contractor shall at all times observe and comply with all existing and future acts, ordinances, prohibitions, rules, regulations, orders and decrees; and shall protect and indemnify the city and its employees against any and all claims arising from or based on any violation of such acts, ordinances, prohibitions, rules, regulations, orders or decrees, and against all violations of law by the Contractor or his agents or employees.

END OF SECTION


CITY OF NEWTON

WAGE RATE REQUIREMENTS

1. GENERAL

A. This section summarizes the requirements for the payment of wages to laborers and mechanics employed under the Contract.

B. Other duties and requirements of law which may not be specified in this section apply and are inherently a part of the Contract.

2. WAGE RATES

A. The rate per hour to be paid to mechanics, apprentices, teamsters, chauffeurs, and laborers employed on the Work shall not be less than the rate of wages in the attached "Minimum Wage Rates" as determined by the Commissioner of Labor and Industries. This schedule shall continue to be the minimum rate of wages for said employees during the life of this Contract.

B. Keep posted on the site a legible copy of said schedule. Keep on file the wage rates and classifications of labor employed on this Work in order that they may be available for inspection by the Owner, Administrator, or the Architect.

C. Apprentices employed pursuant to this determination of wage rates must be registered and approved by the State Apprenticeship Council wherever rates for journeymen or apprentices are not listed.

D. Pay reserve police officers employed on the Work the prevailing rate of wages paid to regular police officers as required byM.G.L. c149, Sec. 34B, as amended. Such police officers shall be covered by Workmen's Compensation Insurance and Employers Liability Insurance by the Contractor.

E. The Contractor and all subcontractors shall, on a weekly basis throughout the term of the contract, provide to the City of Newton certified payroll affidavits verifying compliance with M.G.L. c.149, Sec. 27, 27A and 27B. The Contractor is obiligated to provide such records to the City directly on a weekly basis. The City may assess a penalty of$100 for each day beyond the required submission date that such records are received, which amount shall be deducted from any amounts to the Contractor from the City. In the event of chronic late submissions, the City shall report the same to the Office of the Attorney General.

F. The Contractor and all subcontractors shall provide a Statement of Compliance within 15 days of the completion of its portion of the work. This statement shall be submitted to the Owner on the form found elsewhere in this section.

G. The Contractor shall maintain accurate and complete records, including payroll records, during the Contract term and for three years thereafter.

END OF SECTION

of

Cl assilkaliun Effecl•fe Dale Base W<1ge ll•ollb PeTistonSuppkmE"nt11L Tot•l Ratc

Unrrnplaym<'DfConstl'uction

(2 AXLE) DRIVER - EQUIPMENT 121\ll/2014 $32.40 $9.91 $9.33 $0.00 $51.64"f'l·.'tlA-ISJt-'HSJOINTCOUNCI/, NO. lO '/.ONf.' A

06/0112015 $32.75 $9,91 $9.33 $0.00 $51.99

08/0112015 $32.75 $10.41 $9.33 $0.00 $52.49

12!01/'2015 $32.75 S10.41 s10.og $0.00 $53.24

06/01/2016 $33.25 Sl0.41 Sl0.08 $0.00 $53.74

08/0112016 $33.25 $10.91 Sl0.08 $0.00 $54.24

12/0112016 $33.25 $10.91 Sl0.89 $0.00 $55.05

(3 AXLE) DRIVER· EQUIPMENT 12/011201'1 $32.47 $9.91 $9.33 $0.0U $51.71TF.AMSTF.RSJO/llTCOUNCIL NO. JO ZONE A

06/01/2015 $32.82 $9.91 59.33 $0.00 $52.06

08/01/2015 $32.82 SL0.41 S9.33 $0.00 $52.56

12101/2015 $32.82 $10.41 Sl0.08 $0.00 $53.31

06/01/2016 $33.32 $10.41 Sl0.08 $0.00 $55.81

08/01/2016 $33.32 $10.91 Sl0.08 $0.00 $54.31

12/01/2016 $33.32 $!0.91 Sl0.89 $0.00 $55.12

(4 & 5 AXLE) DlHVT\R - EQUIPll-ffiNT 12/0112014 $32.59 $9.91 59.33 $0.00 $51.83TEAMSTEl/SJO/NTCOUNC/l. NO. JO ZONE A.

·--···-·-- -..- •-···• -•·-

· •··•

06/01/2015 $32.94 $9.91 $9.33 $0.00 $52.lS

OR/0112015 $32.94 $!0..11 59.33 $0.00 $52.68

12/01/2015 $32.94 $10.41 Sl0.08 $0.00 $53.43

06101/2016 $33.44 $10.41 Sl0.08 $0.00 $53.93

08/01/2016 $33.44 $10.91 Sl0.08 $0.00 $54.43

12 1 01/2016 $33.44 $l0.91 Sl0.89 $0.00 $55.24

ADS/SUBMERSIBLE PILOT 0810l/20l4 $K7.36 $9.KO $18.17 $0.00 $115.33Pll.R l)Rfl'filt I.OCAI, 56 (70NR 1)

08/01/2015 $90.51 $9.80 Sl8.17 $0.00 $1 18.48

AIR TRACK OPERATOR 1210112014 $35.35 $7.30 $12.95 $0.00 $55.60J.AHORh'HS-'LONE I

06101/2015 $36.10 $7.30 Sl2.95 $0.00 $56.]5

For appr.:n1ice rat!!te Apprenttce:· LAIIORI:m•

12/01/2015 $36.85 $7.30 S12.95 $0.00 $57.lO

06/01/2016 $37.60 $7.30 $12.95 $0.00 $57.85

12/0l/2016 $38.60 $7.30 $12.95 $0.00 $53.85

ASHES'l'OS REMOVER - l'll'E I MECH. EQ UH'l'. 12/01/2014 $32.48 $10AO SS.95 $0.00 $48.83HEAT & F[l.OSr INSULATOllSLOCAl 6 (BOSTON/

06/0112015 $33.43 $10.40 $5.95 $0.00 $49.7$

12101/2015 $34.38 $!0.40 $5.95 $0.00 $50.73

ASPHALT RAKER 12101/2014 $34.85 $7.30 $12.95 $0.00 $55.!0U/iOR/iRS -ZONE I

06/0l/2015 $35.60 $7.30 $12.95 $0.00 $55.85

12101/2015 $36.35 $7.30 $12.95 $0.00 $56.60

06/01/2016 $37.10 $7.30 Sl2.95 $0.00 $51.35

12/0l/2016 538.10 $7.30 $12.95 $0.00 $58.35For 11pprcn1ic'c rates sec"Appr<::ntice- LABORER•

··-· ------ASPHALT/CONCRETE/CRUSHER PLANT-ON SITE 12101/201'1 S·l2.39 $10.00 $14.30 $0.00 $66.69OPF:RATNG PNGINRF:RS WCAI,4

06101/2015 $43.14 $!0.00 $14.30 $0.00 $67.44

12101/2015 $44.39 $10.00 $14.30 $0.00 $68.69

06/01/2016 $45.14 $!0.00 $14.30 $0.00 $69.44

12!01/2016 S4G.39 $!0.00 $14.30 $0.00 $70.69

06/01/2017 $47.39 $10.00 Sl4.30 $0.00 $71.69

12101/2017 S48.39 $IO.OO $14.30 S0.00 $72.69········-· ····· .................... ........... ··················--·- ....................................

Issue Dale: 03/1612015 Wage Request Number: 20150316-056 Page 2 of 39

of

Project Manual #15-82 - Sidewalk Construction at Multiple Locations

Project Manual #15-82 – Sidewalk Construction at Multiple Locations Page 33 of 107

of

!

Cli1ssificdtion

F:ffcctfre Oot• Due Wage Ilulth Peuion .Supprrmtnta lUn<mJlloym<at

Tol•ITi al<

Apprentice . F,f,F.VA TOR CONSTR/JC1Vll - lncal 4

Elfcclivc Date - Ol/01/2012 S11111>lt:11knla1Step percent Apprentice Base Wage Health

..·-·--·- -·-··---

Pension Un mpluyunt 'l'oMRntc

1 50 $26.23 $8.78 $0.00 $0.00 $35.012 55 $28.85 $8.78 $G.96 $0.00 $44.593 65 $34.09 $8.78 $6.96 S0.00 $49.834 70 $36.72 $8.78 $G.96 $0.CO $52.465 80 $41.96 $8.78 $6.96 S0.00 $57.70

--·· -

------------------------------,I St\:ps l -2 are 6 mo .; Slps 3-5are l year

L..- --------------------------Apprentice to Journeywo rkcr Ratio:l:l

ELEVATOR CONSTRUCTOR HELPER OJ/Ol/'2012 $38.5') $8.78 $6.96 $0.00 $5-1.33lil.liVA1WICONSIKUCl'OlrS LV<-:,U.

For apprenrioo ,.tel >«•Apprcoticc-ELEVATOR CONSlllUCTOR•

FENCE & GUARD RJ\JL ERECTOR 12/01/2014 $34.85 $730 $12.95 $0.00 $55.10l..lBORF.RS - ZO.VF. /

06/01/20 15 $35.60 $7.30 $12.95 S0.00 $55.85

12/01/2015 $36.35 $7.30 $12.95 S0.00 $56.60

06/0 1/2016 $37.10 $7.30 $12.95 S0.00 $57.35

12/01/2016 $1. 8.10 $7.30 $12.95 S0.00 $58.35t•0t· ap1M" t•llCd 1a(e$: EA>e •App e111ice- LAHON..l!K"

FTRLn F.NO.INST.PRRSON-Rl .no,srrn,HVY!HWY l liOl/2014 $39.59 $10.00 $14.18 su.uo S6J.77OPERATING ENG/Nb'E/lSLOCAL J

05/Ul/'2015 $40.32 $10.00 $11.18 $0.00 $64.50

11/0 112015 $40.90 $10.00 $14.18 S0.00 $65.08

05/0112016 $41.19 $!0.00 $14.18 $0.00 $65.97

1 1/0 112016 $42.38 $10.00 $14.18 $0.00 $66.56

05/01/2017 $43.26 $10.00 $11.!8 $0.00 $67.44

11/0112017 $13.<J<J $JU.OU $14.18 $0.00 $68.17

05/01/2018 $44.70 $10.00 $14.18 $0.00 S68.88POf' lll'Pft!Ol ie& u\lcs d "App1enlice- OPFR /\TfNO F.NOINF.F.Rs•

FIELD ENG.PARTY CH!EF-BLDG,SITE,HVY/HWY 11/0112014 $4 1.02 $10.00 $14.18 $0.00 565.20On·:H1171WG Mll}INk'l-.'HSI OCll../

05/01/201 $41.75 $10.00 $14.18 $0.00 S65.93

11/0112015 $42.34 $10.00 $14.18 $0.00 W.1>.n05/01/2016 $43.23 $10.00 $14.18 $0.00 S67A I

11/01/2016 $43.83 $10.00 .$14.18 $0.00 $68.01

0510112017 $44.72 $10.00 $14.18 $0.00 $68.90

11101/2017 $45.45 $10.00 $14.18 $0.00 $69.6305/0112018 $46. 17 $10.00 $14.18 $0.00 $70.35

For eppronrloo rat'° ><o "Appr<nti<c· OrERATING EXGl Nl'ERS"

lssuc Date: 0311612015 Wage Requesl Numbe.-: 20150316-056

of


of

Project Manual #15-82 – Sidewalk Construction at Multiple Locations

of

I

Classification Effective Dale Jlase Wagc H.alth Pensinn Suppl•m•o t•I Tot3l R3le

Unemvloymrnt

Apprentice - FLOORCOVERER ·Local 1168 Zone IIUTective nate . 09/0112014 SupplemelltalStep percent Apprentice Base Wage Health Pension (J11emt>loyrne11t Tulal Rute

1 50 $20.20 $9.80 $1.79 $0.00 $31.792 55 $22.22 $9.HO SI.79 $0.00 $3Hl

60 $24.24 $9.80 $11.84 $0.00 $45.884 65 $26.26 $9.HO $11.84 $0.00 $47.905 70 $28.28 $9.80 $13.63 $0.00 $51.71

6 75 $JO.JO $9.RO $13.6] $0.00 $53.73

7 HO $32.32 $9.80 $15.42 $0.00 $57.548 85 $34.34 $9.80 $15.42 $0.00 $59.56

-------------------------------,!Notes:

I Slepsare 750 lirs.IL

A-

ppt'entiee to

.Jom·neywo1·1<e1·Ratfo:l :I

----------------- ----

l'ORK Lll'T/CHERRY PTCKFR 12/01J2014 $42.39 $10.00 $100 $0.00 $66.69O!'ERAT!NG ENGINEERS LOCAL 4

}l(Jf appre11lice 1ates set:: •Ap1•J'f"Hlice- OPJ-:RATlr\G HNCilN bl:iRS"

06/01120!5 $43.14 $10.00 $14.30 $0.00 $67.44

12/01/2015 $44.39 $10.00 $14.30 $0.00 $68.69

06/0112016 $45.14 $10.00 $14.JO $0.00 $69.44

12/0l/2016 $46.39 $10.00 $14.30 $0.00 $70.69

06/0112017 $47.3'1 $1U.OO $14.30 $0.00 $71.69

12/0112017 $48.39 $10.00 $14.30 $0.00 $72.69

GENERA TORll.TGHTTNG Pl.ANT/HEATERS 12f01J2014 $29.40 $10.00 $100 $0.00 $53.70OPERATING EN GINEERS WC.AL 4

06/01,12015 $29.92 $10.00 $14.30

$0.00

$54.22

Forapprentice rates!Ce '"Appttn.licc- 01'1.:iRA.'t'Jr\ G HNGl KS"

12/01/2015 $30.79 $10.00 $14.30 $0.00 $55.09

06/0112016 $31.31 $10.00 $14.30 U.00 $55.61

12/01/2016 $32.18 $10.00 $14.30 $0.00 $56.48

06/0112017 $32.87 $tu.OU $14.30 $0.00 $57.17

12/0112017 $33.56 $10.00 $14.30 $0.00 . 57.R6

GLA7.ll'R {GI.ASS PLANK/Am TIARRTER!lNTERIOR 01/01/2015 $37.16 $7.85 $16.10 $0.00 $6l.l 1 SYSTEMS)

07/0112015 $38,06 $7.85 $16.10 $0.00 $62.01GLAZIEFIS lOCAf, 3J !ZONF: 2)

01/0112016 $39.01 $7.85 $16.10 $0.00 $62.96

0710112016 $39.96 $7.85 $16.10 $0.00 $63.91

OUOl/2017 $40.91 $7.85 $16.10 $0.00 $64.86

hsue Date: OJ/1612015 Wage Request Nu nih er: 20150] 16-056 rage 12 of 39

of


of

1 n1

Cla<sification Iffe<tln Dale 1JHSC "'age H••lth Pcminn Suppl<mcntol Tnt:1l Rate Unem lo

++•- ---- -·

l'Jl'b'l'l/TliHS UX 'Af,J37

A1>1i1·cnli<c - ASBESTOS INSULATOR (Pipes & Tanks) - local 6 Bo£tonEffecliStep

ve Dale - 091-0112014

pcrcenlApprenlice nase Wage TTealth l'ension

S11r111l tlmt-nhslUnemployment Total Rate

l 50 $21.66 $1L25 $9.35 $0.00 $42.262 60 $25.99 $11.25 $10.00 $0.00 Sf7.243 70 $30.32 $11.25 $10.65 $0.00 $52.224 80 $31.65 $1 l.25 $11.30 $0.00 $57.20

-I -----------------------------.Nott!:

I Steps arc I year

'A--pprentice-to Journ-eyworlrer Rntio:1:4 -------------------IRON\VORKERJ\VELDER 03/1612015 $42.! l $7.70 $20.25 $0.00 $70.06Jllt)NWONrnns UX:AI, 7 (Jll!.'>IWUl/",I}

ls5ue Dote: 03/1612015 Wage !Uquest Number: 20150316-056 PngelS of 39

TNAC (TESTING AND BALANCING - AIR) 02/0112015 $43.28 $l0.20 $20.54 $2.22 $76.24SH/ilmfliT<IL JYORK£RS WCAL 17 -,J

08/0112015 $·H.2R $10.20 $20.54 $2.22 $77.2,1

02/0112016 $45.28 $10.20 $20.54 $'2.22 $73.24

08/0112016 $46.43 .$10.20 $20.54 $2.22 $79.39

02/0112017 $47.53 $!0.20 $20.54 $2.22 $K0.49

08/0112017 $48.63 $10.20 $20.54 $'2.22 $81.59

l'or uvpn:!ijir.::otl mt 5t:'tl' "Apprt!ntice-. SHEET Mb"TAL WORKER02/0112018 $49.78 $10.20 $20.54 . 2.22 $82.74

HVAC (fESTTNG AND BALANCING -WATER) 03/0112015 $48.69 $9.70 $16.89 $0.00 $75.28

09/0112015 $49.69 $9.70 $16.89 $0.00 $76.28

03/01/2016 $50.69 $9.70 $16.R9 $0.00 $77.28

09/0112016 $51.69 $9.70 $16.89 $0.00 $78.28

03/0112017 $52.69 $9.70 $16.89 $0.00 $79.28Por apprenlice mtes ee "Apprcntice- PIPEFITfER'" <Jr •puJMDURIPIPEFITTER

llVAC MECHANIC 03/0112015 $48.69 $9.70 $16.89 $0.00 $75.28rTl'EfTITERS L(XALJ37

09/0112015 $49.69 $9.70 $16.89 $0.00 $76.28

03/0112016 $50.69 $9.70 $16.89 $0.00 $77.28

09/0112016 $51.69 $9.70 $16.89 $0.00 $78.28

03/0112017 $52.69 $9.70 $16.89 .$0.00 $79.281-'0t' i1VVillHhC rnl;j'S $t" "J\pµrt:nlin:- PlPEPflTER" ur "VLUMHEIUi'JP"EHTJ' K

····-·----·-·····HYDRAULIC DRILLS 12/0112014 $35.35 $7.30 $12.95 $0.00 $55.60

LJJfOR!iRS-Zl!Nli IOG/0112015 $36.10 $7.30 $12.95 $0.00 $56.35

12/0112015 $36.85 $7.30 $12.95 $0.00 $57.10

0610112016 $37.60 $7.30 $12.95 $0.00 $57.85

12/0112016 $38.60 $7.30 $12.95 $0.00 $58.RSfior appcenlice rates to: A.pprcntie<:-LADORER.,

INSULATOR (PIPES & TANKS)HliAT & FROSTlNSWATORS LOCAL 6 (DOSTON)

09/0112014 $43.31 $11.25 $12.60 $0.00 $67.16

of


of

CI"ssiflc•tion Eifeclive Dn(e Dnse \\' J!:C Ho•lth 1'cmioB 811(lplemental 'l'o4al l!oteUnemployment

App1·entice . MARBLE-T!LE-TERRA770 MP.ClTANIC-1.ocal J Marhle & TileEITec Step

live Date • percent

02101/2015Apprentice Base Wage Health Pension

Supplen)l!ntulUncmploymcnl Total Rate

50 $24.50 Sl0.18 $18.50 $0.00 $53.182 60 $29.40 Sl0.18 $18.50 $0.00 $58.08

70 $34.30 SI0.18 $18.50 $0.00 $62.98

80 $39.20 Sl0.18 $18.50 $0.00 $67.88

90 HUO Sto.18 $18.50 $0.00 $72.78

Effective Date - 08/0lt2015 SupplementalStep percent Apprcnticc [lase Wage Health Pension Unemployment Total Rute

1 50 $24.95 $10.18 $18.57 $0.00 $53.702 60 $29.94 s10.111 $18.57 $0.00 $58.69

70 $34.93 Sl0.18 $18.57 $0.00 $63.68

4 80 $39.92 $10.18 $18.57 $0.00 $68.67

90 $44.91 $10.18 $18.57 $0.00 $73.66

!Notes:

'A--

pprentke to Journewoi·ker Ratio;l;S --------------------

MECH. SWEEPER OPERATOR (ON CONST. SITES) 1210112011 $11.99 Sl0.00 $14.30 $0.00 $60.29OPERA TING F.NGIN/iiiIIS l.OCi,i,.;

06/0112015 $42.73 $10.00 $14.30 $0.00 $67.03

12/0112015 $43.97 SI0.00 $14.30 $0.00 $68.27

06/01/2016 $44.72 SlO.IJO $14.30 $0.00 $69.02

12101/2016 $45.95 $10.00 $14.30 $0.00 $70.25

06/01/2017 $46.94 Sl0.00 $14.30 $0.00 $71.24

12/01/2017 $47.93 Sl0.00 $1,1.JO $0.00 $72.23Forapprcntk-c rates sc.c "Apprentice· OPERATING ENGINEERS..

MECHANICS MAIN IHNANCE 12101120I,I $'11.99 Sl0.00 $14.30 $0.00 $66.29OPERATINGENG/NEIJIIS LOCAL 4

06/01/2015 $42.73 $10.00 $14.30 $0.00 $67.03

12/01/2015 $43.97 $10.00 $14.30 $0.00 $68.27

06/0112016 $44.72 $10.00 $14.30 $0.00 $69.02

12/01/2016 S45.95 $10.00 Sl4.30 $0.00 $70.25

06/01/2017 $46.94 $10.00 $14.30 $0.00 $71.24

12/01/2017 $47.93 $10.00 Sl'1.30 $0.00 $72.23For apprcotkc rates sc.c "Apprentice- OPERATING ENGINEERS..

MlLLWIUGH'l' (Zone 1) 10/01/201,1 $36.68 $9.80 $16.21 $0.00 $62.69lULLWRJGHTS LOCAL 1121-ZOii< I

04/01/2015 $37.64 $9.80 S16.21 $0.00 $63.65

lswe Date: 03116120 l 5 W ge Request

Numhor:20150'316-056 l'age 19 ofJ9

of


of

na..mratfon tffcdivc D11tc BascW&ge HroUh rensJon SuppkrnroM TotalRate

Uucmploym,nt

Apr•·entice - PAINTER Local 35 Zone 2 -BRUSH REPAINTEffcc !IStep

ve Date - 01/01/2015

pcrccnlApprentice Base Wnge Health Pension

SupplementalL!nemp(oymrnl Total Rate

so $17.61 $7.85 S0.00 $0.00 $25.'162 55 $19.37 $.7.85 53.66 $0.00 $30.883 60 $21.13 $7.85 $3.99 $0.00 $32.974 65 $22.119 $7.85 S4.32 $0.00 $35.065 70 $24.65 $7.85 514.11 $0.00 $·16.616 75 $26.42 $7.85 14.44 $0.00 $48.71

HO $23.18 $7.85 $14.77 $0.00 $50.80

90 $31.70 $7.85 $15.44 $0.00 $54.99

Effective Date - 07/0lnO!S SuppicmcntaJStep percent Apprentice Base Wage Health Pension Uncmplcyment Total Rate

so $18.06 $7.85 $0.00 $0.00 $25.912 55 $19.87 $7.85 $3.66 $0.00 $31.383 60 $21.67 $7.85 $3.99 $0.00 $33.51

4 65 $23.48 $7.85 $4.32 $0.00 $35.65

70 $25.28 $7.85 $Hll $0.00 $47.246 75 $27.09 $7.85 $14.44 $0.00 $49.38

80 $28.90 $7.85 $H77 $0.00 $51.52

90 $32.51 $7.85 $15.44 $0.00 $55.80

--------------------------I Steps nre 750 lus.

'A--

pprontico to.T-

ournoyworker Ratin:l:1 - ----------------

PANEL & PICKlJJ' Tll!JCKS IJIO\IEllTEAMSTERS JOINT COUNOL NO. !O ZONE.

PIRR AND DOCK CONSTRUCTOR (UNDF.RPTNNTNG ANDDECK)PILE D/?IVliR lOCAl;6(ZONF: I)

PlLE DRlVERPll.R IJHWHJ? ax:Af, 5 (/.ONH I)

Tssuc Date: 03/16/2015 Wage Requc.t Numb or: 20150316-056

12/01/2014 $32.23 $9.91 $9.33 $0.00 $51.47

06/01/2015 $32.58 $9.91 $9.JJ $0.00 S51.82

08/01/2015 $32.58 $10.41 $9.33 $0.00 $52.32

12/0l/2015 $32.58 $10.41 $10.08 $0.00 S53.07

06/01/2016 $33.08 $10.41 $10.08 $0.UO $53.57

08/01/2016 $33.08 $10.91 $!0.0R $0.00 $54.07

12/0l/2016 $33.0K $10.91 $10.89 $0.00 S54.88

08/0l/2014 $41.60 $9.80 $18.17 $0.00 $69.57

0810112015 $43.lO $9.80 $18.17 $0.00 $71.07

08/01/2014 $41.60 $9.80 $18.17 $0.00 $69.57

08/01/2015 .j;43.10 $9.80 $18.17 $0.00 $71.07

of


of

erassificatlon

TAMPliRS, SliT.11-PROPlil .um OR ·rnAClOR l)JtAWN

Effectivr DR1e

12/01/2014

D11se \Vnge

$41.99

Hnllh

$10.00

Pension

$14.30

Supph:m["nhd Unem lo -m,ci

$0.00

Tolal Ratet

$66.290/'ERATlll'G ENGINF.F.RS LrXAl, 4

06/01/2015 $42.73 $10.00 $14.30 $0.00 567.03

12/0112015 $43.97 $10.00 $14.30 $0.00 $68.27

06/0112016 $44.72 $10.00 $14.30 $0.00 S69.02

12/0112016 $45.95 $10.00 $14.30 $0.00 $70.25

06/0112017 $46.94 $10.00 $14.30 $0.00 $71.24

12/0112017 $<17.93 $10.CO $14.30 $0.00 $72.23Pur nppn:T1ti1..:i;: rut .sc "Apjtre[Lll·OPJ::KA"l'INO J:o:NOl.Nf-.frRS."

TET,F.CO\!MUNTCI\TTON TECHNICIAN 03/0112015 $33.88 $13.00 $13.70 $0.00 $60.58!\J.H.'fHIC!ANS l.fX ;AJ. 103

09/0112015 $34.60 $13.00 $13.72 $0.00 $61.32

03/01i2016 $35.31 $13.00 $13.74 $0.00 62.05

Apprentice - TELECOMMUNICATION TECHNICIAN - Local 103

F.fftctive Ilafe - 03/0!12015 SupplementalStep percent Apprentice Buse Wage Hnlth Pension UncnlSJloymeut Tolal Rate

l 40 $13.55 $13.00 S0.41 $0.00 $26.962 40 Sl3.55 $13.00 $0.41 $0.00 $26.963 45 $15.25 $13.00 $10.87 $0.00 $39.12

4 45 Sl5.25 $13.00 $10.87 $0.00 $39.125 50 $16.94 $13.00 $11.11 $0.00 .-11.056 55 Sl8.63 $13.00 $11.38 $0.00 $43.017 60 $20.33 $13.00 $11.6<1 $0.00 $44.978 65 S22.02 Sl3.00 $11.89 $0.00 $46.919 70 $23.72 $13.00 $12.15 $0.00 $48.87

JO 75 S25.4l $13.UO $12.41 $0.00 SS0.82

Effective Dale· 09/01/2015 SupplcmclllolStep pcrcnl Apprentice Buse \Voge He;ilth .Pe11sion Unemployment Total Rllte

1 40 S13.84 $13.00 $0.42 . 0.00 527.262 40 S13.84 $13.00 $0.42 $0.00 $27.263 45 $15.57 $13.00 $10.88 $0.00 539.45

4 45 S!5.57 $13.00 $10.88 $0.00 $39.455 so $17.30 $13.00 $1 l.14 $0.00 S41.446 55 $19.03 $13.00 $11.39 $0.00 $43.427 60 $20.76 $13.00 $11.65 $0.00 S45.418 65 $22.49 $13.00 $11.90 $0.00 $47.39

9 70 $24.22 $13.00 $12.17 $0.00 ${9.3910 75 S25.9S $13.00 $12.43 $0.00 $51.38

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IL.._.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

A pprentke to .Tnu rneyworker Ratio: I :I

lsrne Date: 03/1612015 'Vage Reque. t Number: 20]j0316-056 Page35 of 39

of



The Massachusetts Prevailing Wage LawM.G.L. ch. 149, §§ 26 – 27

NOTICE TO AWARDING AUTHORITIES

'The enclosed wage schedule applies only to the specific project listed at the top and will be updated for any public construction project lasting longer than one (1) year.

'You should request an updated wage schedule from the Division of Occupational Safety if you have not opened bids or selected a contractor within 90 days of the date of issuance of the enclosed wage schedule.

'The wage schedule shall be incorporated in any advertisement or call for bids for the project for which it has been issued.

'Once a contractor has been selected by the awarding authority, the wage schedule shall be made a part of the contract for that project.

NOTICE TO CONTRACTORS

The enclosed wage schedule, and any updated schedule, must be posted in a conspicuous place at the work site during the life of the project.

The wages listed on the enclosed wage schedule must be paid to employees on public works projects regardless of whether they are employed by the prime contractor, a filed sub-bidder, or any sub-contractor.

The enclosed wage schedule applies to all phases of the project including the final clean-up. Contractors whose only role is to perform final clean-up must pay their employees according to this wage schedule.

All apprentices must be registered with the Massachusetts Division of Apprentice Training in order to be paid at the reduced apprentice rates. If a worker is not registered with the Division of Apprentice Training, they must be paid the “total rate” listed on the wage schedule regardless of experience or skill level. For further information, please call (617) 727-3486 or write to the Division of Apprentice Training, 399 Washington Street, 4th Floor, Boston, MA 02108


WEEKLY PAYROLL RECORDS REPORT& STATEMENT OF COMPLIANCE

In accordance with Massachusetts General Law c149, §27B, a true and accurate recordmust be kept of all persons employed on the public works project for which the enclosed rates have been provided. A Payroll Form has been printed on the reverse of this page and includes all the information required to be kept by law. Every contractor or subcontractor is required to keep these records and preserve them for a period of three years from the date of completion of the contract.

In addition, every contractor and subcontractor is required to submit a copy of their weekly payroll records to the awarding authority. This is required to be done on a weeklybasis. Once collected, the awarding authority is also required to preserve those records for three years.

In addition, each such contractor, subcontractor or public body shall furnish to the Department of Labor & Workforce Development/Division of Occupational Safety withinfifteen days after completion of its portion of the work a statement, executed by the contractor, subcontractor or public body who supervises the payment of wages, in the following form:

STATEMENT OF COMPLIANCE

, 2015

I, , (Name of signatory party) (Title)do hereby state:That I pay or supervise the payment of the persons employed by on the (Contractor, subcontractor or public body) (Building or project) and that all mechanics and apprentices, teamsters, chauffeurs and laborers employed onsaid project have been paid in accordance with wages determined under the provisions of sections twenty-six and twenty-seven of chapter one hundred and forty nine of the General Laws.

Signature

Title

DIVISION OF OCCUPATIONAL SAFETY, 399 WASHINGTON STREET, 5TH FL., BOSTON, MA. 02108


City of Newton

Massachusetts

02459 Engineering

Division Phone

(617) 796-1020

FAX (617) 796-1051

Permit Number

Date Issued

Expiration Date

Fee: $50 x = Trenches Total

TRENCH PERMITPursuant to G.L. c. 82A §1 and 520 CMR 7.00 et seq.(as amended)

THIS PERMIT MUST BE FULLY COMPLETED PRIOR TO CONSIDERATION

Name of Applicant

Street Address

Phone Cell

City/Town MA ZIP

Name of Excavator (if different from

applicant) Street Address

Phone Cell

City/Town MA ZIP

Name of Owner(s) of Property

Street Address

Phone Cell

City/Town MA ZIP

Other Contact Permit Fee Received No ( ) Yes ( )Description, location and purpose of proposed trench:Please describe the exact location of the proposed trench and its purpose (include a description of what is (or is intended) to be laid in proposed trench (e.g.; pipes/cable lines etc.) Please use reverse side if additional space is needed.


Insurance Certificate #:

Name and Contact Information of Insurer:


Policy Expiration Date:

Dig Safe #:

Name of Competent Person (as defined by 520 CMR 7.02):

Massachusetts Hoisting License #

License Grade: Expiration Date:

BY SIGNING THIS FORM, THE APPLICANT, OWNER, AND EXCAVATOR ALL ACKNOWLEDGE AND CERTIFY THAT THEY ARE FAMILIAR WITH, OR, BEFORE COMMENCEMENT OF THE WORK, WILL BECOME FAMILIAR WITH, ALL LAWS AND REGULATIONS APPLICABLE TO WORK PROPOSED, INCLUDING OSHA REGULATIONS, G.L. c. 82A, 520 CMR 7.00 et seq., AND ANY APPLICABLE MUNICIPAL ORDINANCES, BY-LAWS AND REGULATIONS AND THEY COVENANT AND AGREE THAT ALL WORK DONE UNDER THE PERMIT ISSUED FOR SUCH WORK WILL COMPLY THEREWITH IN ALL RESPECTS AND WITH THE CONDITIONS SET FORTH BELOW.

THE UNDERSIGNED OWNER AUTHORIZES THE APPLICANT TO APPLY FOR THE PERMIT AND THE EXCAVATOR TO UNDERTAKE SUCH WORK ON THE PROPERTY OF THE OWNER, AND ALSO, FOR THE DURATION OF CONSTRUCTION, AUTHORIZES PERSONS DULY APPOINTED BY THE MUNICIPALITY TO ENTER UPON THE PROPERTY TO MONITOR AND INSPECT THE WORK FOR CONFORMITY WITH THE CONDITIONS ATTACHED HERETO AND THE LAWS AND REGULATIONS GOVERING SUCH WORK.

THE UNDERSIGNED APPLICANT, OWNER AND EXCAVATOR AGREE JOINTLY AND SEVERALLY TO REIMBURSE THE MUNICIPALITY FOR ANY AND ALL COSTS AND EXPENSES INCURRED BY THE MUNICIPALITY IN CONNECTION WITH THIS PERMIT AND THE WORK CONDUCTED THEREUNDER, INCLUDING BUT NOT LIMITED TO ENFORCING THE REQUIREMENTS OF STATE LAW AND CONDITIONS OF THIS PERMIT, INSPECTIONS MADE TO ASSURE COMPLIANCE THEREWITH, AND MEASURES TAKEN BY THE MUNICIPALITY TO PROTECT THE PUBLIC WHERE THE APPLICANT OWNER OR EXCAVATOR HAS FAILED TO COMPLY THEREWITH INCLUDING POLICE DETAILS AND OTHER REMEDIAL MEASURES DEEMED NECESSARY BY THE MUNICIPALITY.

THE UNDERSIGNED APPLICANT, OWNER AND EXCAVATOR AGREE JOINTLY AND SEVERALLY TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE MUNICIPALITY AND ALL OF ITS AGENTS AND EMPLOYEES FROM ANY AND ALL LIABILITY, CAUSES OR ACTION, COSTS, AND EXPENSES RESULTING FROM OR ARISING OUT OF ANY INJURY, DEATH, LOSS, OR DAMAGE TO ANY PERSON OR PROPERTY DURING THE WORK CONDUCTED UNDER THIS PERMIT.

APPLICANT SIGNATURE

DATE

EXCAVATOR SIGNATURE (IF DIFFERENT)

DATE

OWNER’S SIGNATURE (IF DIFFERENT)

DATE:


For City/Town use -- Do not write in this sectionPERMIT APPROVED BY $ Application FeePERMITTING AUTHORITY DateCONDITIONS OF APPROVAL

CONDITIONS AND REQUIREMENTS PURSUANT TO G.L.C.82A AND 520 CMR 7.00 et seq. (as amended)

By signing the application, the applicant understands and agrees to comply with the following:

i. No trench may be excavated unless the requirements of sections 40 through 40D of chapter 82, and any accompanying regulations, have been met and this permit is invalid unless and until said requirements have been complied with by the excavator applying for the permit including, but not limited to, the establishment of a valid excavation number with the underground plant damage prevention system as said system is defined in section 76D of chapter 164 (DIG SAFE);

ii. Trenches may pose a significant health and safety hazard. Pursuant to Section 1 of Chapter 82 of the General Laws, an excavator shall not leave any open trench unattended without first making every reasonable effort to eliminate any recognized safety hazard that may exist as a result of leaving said open trench unattended. Excavators should consult regulations promulgated by the Department of Public Safety in order to familiarize themselves with the recognized safety hazards associated with excavations and open trenches and the procedures required or recommended by said department in order to make every reasonable effort to eliminate said safety hazards which may include covering, barricading or otherwise protecting open trenches from accidental entry.

iii. Persons engaging in any in any trenching operation shall familiarize themselves with the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations: 29 CFR 1926.650 et.seq., entitled Subpart P “Excavations”.

iv. Excavators engaging in any trenching operation who utilize hoisting or other mechanical equipment subject to chapter 146 shall only employ individuals licensed to operate said equipment by the Department of Public Safety pursuant to said chapter and this permit must be presented to said licensed operator before any excavation is commenced;

v. By applying for, accepting and signing this permit, the applicant hereby attests to the following: (1) that they have read and understands the regulations promulgated by the Department of Public Safety with regard to construction related excavations and trench safety; (2) that he has read and understands the federal safety standards promulgated by the Occupational Safety and Health Administration on excavations: 29 CMR 1926.650 et seq., entitled Subpart P “Excavations” as well as any other excavation requirements established by this municipality; and (3) that he is aware of and has, with regard to the proposed trench excavation on private property or proposed excavation of a city or town public way that forms the basis of the permit application, complied with the requirements of sections 40-40D of chapter 82A.

vi. This permit shall be posted in plain view on the site of the trench.

Summary of Excavation and Trench Safety Regulation (520 CMR 14.00 et seq.)

This summary was prepared by the Massachusetts Department of Public Safety pursuant to G.L.c.82A and does not include all requirements of the 520 CMR 14.00. To view the full regulation and G.L.c.82A, go to www/mass.gov/dpsPursuant to M.G.L. c. 82, § 1, the Department of Public Safety, jointly with the Division of Occupational Safety, drafted regulations relative to

trench safety. The regulation is codified in section 14.00 of title 520 of the Code of Massachusetts Regulations. The regulation requires all excavators to obtain a permit prior to the excavation of a trench made for a construction-related purpose on public or private land or rights-of- way. All municipalities must establish a local permitting authority for the purpose of issuing permits for trenches within their municipality. Trenches on land owned or controlled by a public (state) agency requires a permit to be issued by that public agency unless otherwise designated.

In addition to the permitting requirements mandated by statute, the trench safety regulations require that all excavators, whether public or private, take specific precautions to protect the general public and prevent unauthorized access to unattended trenches. Accordingly, unattended trenches must be covered, barricaded or backfilled. Covers must be road plates at least ¾” thick or equivalent; barricades must be fences at least 6’ high with no openings greater than 4” between vertical supports; backfilling must be sufficient to eliminate the trench. Alternatively, excavators may choose to attend trenches at all times, for


instance by hiring a police detail, security guard or other attendant who will be present during times when the trench will be unattended by the excavator.

The regulations further provide that local permitting authorities, the Department of Public Safety, or the Division of Occupational Safety may order an immediate shutdown of a trench in the event of a death or serious injury; the failure to obtain a permit; or the failure to implement or effectively use adequate protections for the general public. The trench shall remain shutdown until re-inspected and authorized to re-open provided, however, that excavators shall have the right to appeal an immediate shutdown. Permitting authorities are further authorized to suspend or revoke a permit following a hearing. Excavators may also be subject to administrative fines issued by the Department of Public Safety for identified violations.

For additional information please visit the Department of Public Safety’s website at www.mass.gov/dps

Summary of 1926 CFR Subpart P -OSHA Excavation Standard

This is a worker protection standard, and is designed to protect employees who are working inside a trench. This summary was prepared by the Massachusetts Division of Occupational Safety and not OSHA for informational purposes only and does not constitute an official interpretation by OSHA of their regulations, and may not include all aspects of the standard.

For further information or a full copy of the standard go to www.osha.gov.

Trench Definition per the OSHA standard:o An excavation made below the surface of the ground, narrow in relation to its length.o In general, the depth is greater than the width, but the width of the trench is not greater than fifteen feet.

Protective Systems to prevent soil wall collapse are always required in trenches deeper than 5’, and are also required in trenches less than 5’ deep when the competent person determines that a hazard exists. Protection options include:

o Shoring. Shoring must be used in accordance with the OSHA Excavation standard appendices, the equipment manufacturer’s tabulated data, or designed by a registered professional engineer.

o Shielding (Trench Boxes). Trench boxes must be used in accordance with the equipment manufacturer’s tabulated data, or a registered professional engineer.

o Sloping or Benching. In Type C soils (what is most typically encountered) the excavation must extend horizontally 1 ½ feet for every foot of trench depth on both sides, 1 foot for Type B soils, and ¾ foot for Type A soils.

o A registered professional engineer must design protective systems for all excavations greater than 20’ in depth. Ladders must be used in trenches deeper than 4’.

o Ladders must be inside the trench with workers at all times, and located within 25’ of unobstructed lateral travel for every worker in the trench.

o Ladders must extend 3’ above the top of the trench so workers can safely get onto and off of the ladder. Inspections of every trench worksite are required:

o Prior to the start of each shift, and again when there is a change in conditions such as a rainstorm.o Inspections must be conducted by the competent person (see below).

Competent Person(s) is:o Capable (i.e., trained and knowledgeable) in identifying existing and predictable hazards in the trench, and other

working conditions which may pose a hazard to workers, ando Authorized by management to take necessary corrective action to eliminate the hazards. Employees must

be removed from hazardous areas until the hazard has been corrected. Underground Utilities must be:

o Identified prior to opening the excavation (e.g., contact Digsafe).o Located by safe and acceptable means while excavating.o Protected, supported, or removed once exposed.

Spoils must be kept back a minimum of 2’ from the edge of the trench. Surface Encumbrances creating a hazard must be removed or supported to safeguard employees. Keep heavy

equipment and heavy material as far back from the edge of the trench as possible. Stability of Adjacent Structures:

o Where the stability of adjacent structures is endangered by creation of the trench, they must be underpinned, braced, or otherwise supported.

o Sidewalks, pavements, etc. shall not be undermined unless a support system or other method of protection is provided.


Protection from water accumulation hazards:o It is not allowable for employees to work in trenches with accumulated water. If water control such as

pumping is used to prevent water accumulation, this must be monitored by the competent person.o If the trench interrupts natural drainage of surface water, ditches, dikes or other means must be used to

prevent this water from entering the excavation. Additional Requirements:

o For mobile equipment operated near the edge of the trench, a warning system such as barricades or stop logs must be used.

o Employees are not permitted to work underneath loads. Operators may not remain in vehicles being loaded unless vehicles are equipped with adequate protection as per 1926.601(b)(6).

o Employees must wear high-visibility clothing in traffic work zones.o Air monitoring must be conducted in trenches deeper than 4’ if the potential for a hazardous atmosphere exists.

If a hazardous atmosphere is found to exist (e.g., O2 <19.5% or >23.5%, 20% LEL, specific chemical hazard), adequate protections shall be taken such as ventilation of the space.

o Walkways are required where employees must cross over the trench. Walkways with guardrails must be provided for crossing over trenches > 6’ deep.

o Employees must be protected from loose rock or soil through protections such as scaling or protective barricades.

END OF SECTION


ITEM SHEETS PAGES 1-4

The Contractor shall insert prices for each item in ink, in both words and figures, and is to show a total bid price. In the event a discrepancy between the written words and figures, the written words shall govern. In the event an error in the bidders total bid price, the corrected total bid obtained by the summation of the products of the unit prices multiplied by the respective quantities shall stand as the bidder’s total bid price.

The Contractor is required to review any related plans, conduct a full site review, and read all the provisions in the document before inserting prices, and is further advised to make his own determination as to the accuracy of the estimated quantities before inserting bid prices.

The estimated quantities shown here are based solely upon a reasonable assessment of the project parameters, thus the Contractor is advised that the actual quantities may vary substantially as field conditions may necessitate.

ITEM DESCRIPTION & BID PRICEESTIMATED

QUANTIY UNIT TOTAL COST

ITEM: 0 - MOBILIZATION FOR ALL WORK ZONES (SURVEY SERVICES,CONFERENCES, VIDEO FILE,

NOTIFICATIONS, ETC.)

THE CONTRACTOR IS TO FACTOR THE COST OF MOBILIZATION INTO THE INDIVIDUAL BID PRICES AS HE DEEMS APPROPRIATE. THERE WILL BE NO SEPARATE PAYMENT FOR MOBILIZATION

NA NA NA

ITEM: 1 – 4" CEMENT CONCRETE WALKS WITH LAMPBLACK (@ 2 POUNDS PER CUBIC YARD)

THE SUM OF: DOLLARS

AND_ CENTS

($ ) PER SQUARE YARD1000 S.Y. $

ITEM: 2 – 6" CEMENT CONCRETE DRIVEWAY APRONS WITH LAMPBLACK (@ 2 POUNDS PER CUBIC YARD)

THE SUM OF: DOLLARS

AND_ CENTS

($ ) PER SQUARE YARD

600 S.Y. $

ITEM: 3 – 8" CEMENT CONCRETE HANDICAP RAMP/ CURB CUTS

THE SUM OF: DOLLARS

AND_ CENTS


300 S.Y. $


ITEM DESCRIPTION & BID PRICEESTIMATED

QUANTIY UNIT TOTAL COST

ITEM: 4 – 4" CEMENT CONCRETE WALKS MAINTENANCE WITH LAMPBLACK (@ 2 POUNDS PER CUBIC YARD)

THE SUM OF: DOLLARS

AND_ CENTS


100 S.Y.$

ITEM: 5 – 6" CEMENT CONCRETE DRIVEWAY APRON MAINTENANCE WITH LAMPBLACK

(@ 2 POUNDS PER CUBIC YARD)

THE SUM OF: DOLLARS

AND_ CENTS

($ ) PER SQUARE YARD100 SY. $_

ITEM: 6 – DETECTABLE TILE SURFACE FOR HANDICAP RAMP / CURB CUT LOCATIONS

THE SUM OF: DOLLARS

AND_ CENTS

($ _) PER EACH25 EA $

ITEM: 7 – RESET EXISTING CURB ( WITH CDF EMBEDMENT)) (INCLUDES CURB WORK REQ'D FOR HANDICAP RAMPS)

THE SUM OF: DOLLARS

AND_ CENTS

($ ) PER LINEAR FOOT 250 L.F. $

ITEM: 8 – F & I STRAIGHT GRANITE VA-4 CURB(WITH CDF EMBEDMENT)

(INCLUDES ‘ISOLATED’ INSTALLATIONS & HANDICAP RAMP WORK)

THE SUM OF: DOLLARS

AND_ CENTS

($ ) PER LINEAR FOOT

125 L.F. $


ITEM: 9 – F & I CURVED GRANITE VA-4 CURB(WITH CDF EMBEDMENT)

(INCLUDES HANDICAP RAMP WORK)

THE SUM OF: DOLLARS

AND_ CENTS

($ ) PER LINEAR FOOT125 L.F. $

ITEM: 10 – F & I 2-FOOT RADIUS GRANITE CORNER BLOCK

THE SUM OF: DOLLARS

AND_ CENTS

($ ) PER EACH 20 EA. $

ITEM: 11 – 4" BITUMINOUS CONCRETE FOR 'PERMANENT' TRENCH RESURFACING

THE SUM OF: DOLLARS

AND_ CENTS


ITEM: 12 – REGRADING, LOAMING & SEEDING

THE SUM OF: DOLLARS

AND_ CENTS


ITEM: 13 – TREE STUMP REMOVAL

THE SUM OF: DOLLARS

AND_ CENTS

($ ) PER EACH

5EACH $


ITEM: 14– BITUMINOUS CONCRETE SIDEWALK

THE SUM OF: DOLLARS

AND_ CENTS

($ ) PER SQUARE YARD100 SY. $

ITEM: 15 – ALLOWANCE FOR PAYMENT OF POLICE OFFICERS

THE SUM OF: TWENTY FIVE THOUSAND DOLLARS

AND ZERO CENTS

($ 25,000 ) PER ALLOWANCE

1 ALL. $ 25,000

ITEM: 16 – MISCELLANOUS WORK ALLOWANCE

THE SUM OF: TEN THOUSAND DOLLARS

AND_ ZERO CENTS

($ 10,000 ) PER ALLOWANCE

1 ALL $ 10,000

TOTAL BID:The Total for all items on this page must be inserted in Paragraph “C” of the BID FORM.

The scheduling of this work shall be solely at the discretion of the Engineer.

The scope of the work is subject to modification as the operations progress. In addition, the day-to-day operational aspects may also be subject to modification as the Engineer shall so direct (i.e. final depth, dates & scheduled periods, length of sidewalks).

END OF SECTION

SECTION 1

SCOPE OF WORK

Description

The proposed project involves the construction and repair of various sections of sidewalk around the city of Newton, Massachusetts. The scope of new sidewalk and driveway apron construction measures approximately 2000 square yards. The contractor shall also be asked to construct 25 new handicap ramps and remove 5 tree stumps. All items shall be constructed per the City of Newton “General Construction Details” dated March 2003 and as directed by the Engineer.

PROPOSED CEMENT CONCRETE SIDEWALK AND DRIVEWAY APRON LOCATIONS

See attached diagrams for proposed Sidewalk Location.

SPECIAL CONSIDERATIONS:A. The project may require construction in areas occupied by business owners, employees and

customers.B. Contractor must accommodate customers visiting businesses adjacent to the work zone at all times.C. Pedestrian access and safety around the construction area is the responsibility of the Contractor at all

times. This includes maintaining protective barriers, barrels, cones, caution tape around the construction zone as directed by the Engineer. These safety measures shall be considered incidental to the project.

D. Upon completion of the work the affected areas, including areas within the businesses disturbed during construction, shall be restored to original condition.

E. The contractor shall review all project limits with the Engineer prior to commencement of work.


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SPECIAL PROVISIONS

ITEM 0 - MOBILIZATION FOR ALL WORK ZONES(SURVEY SERVICES, CONFERENCES, VIDEO FILE, NOTIFICATIONS, ETC.)

Description

(a) Under the direction of a Massachusetts Professional Land Surveyor (PLS) the Contractor shall extract, correlate, and subsequently post the design grades shown on the plan and/or as otherwise shown on the City supplied profile.

(b) The Contractor is to make a video tape and/or photographic record of all existing sidelineconditions, prior to the commencement of construction activities, and/or as may be required as the construction activities progress, for the purpose of documenting all decrepit, and/or extraordinary points of concern. All video and picture making shall be done on foot and shall not be 'shot' from a vehicle. This video record shall be made by the Contractor and a copy, or a secondary video tape, shall be delivered to the Engineer. A representative from the Engineering Division shall present at the time of the recording.

(c) The Contractor is to coordinate and make accommodations for all work performed onprivate property in the execution of this contract, and is to further coordinate, arrange and/or make accommodations for the performance of all second party utility work which may be required in order to complete the work required under this contract.

(cc) The contractor is hereby notified that any work being performed adjacent to private property may have an existing irrigation system. It is the contractor’s responsibility to identify any and all irrigation systems and take the upmost care not to damage said system. If any system is damaged by the contractor, it shall be the contractor’s responsibility to repair the system within five (5) business days. All repair work shall be considered incidental to the project.

(d) The Contractor is responsible for the scheduling coordination and tracking of all Police services under this item, however the actual cost of Police Services will be paid for under the appropriate item in this contract.

(e) Under this item the Contractor will be required to attend informational meetings, typically one for the general public when deemed necessary, and several with the City of Newton administration in order to discuss and subsequently address all points of concern, including but not limited to a Preconstruction Conference and Progress Conference(s) and inspection walk-through.

(f) Under this item the Contractor is responsible for processing all the necessary paperwork in the execution of this contract, as well as providing and distributing fliers and notifications to abutters and other concerned parties as the project commences and as it progresses.

(g) Under this item the Contractor shall comply with all special procedural and/or other site specific directives as stipulated on the plan(s) to ensure a structured and efficient execution of this contract. In addition, and from time to time, the Contractor shall also be required to accommodate and comply with other special requests so that the needs of the general public, abutters, and/or other City of Newton agencies are addressed swiftly and appropriately.

Method of Compliance


(h) The grade points shall be posted all along the roadway corridor on sturdy colorized four foot (4') high iron pins and/or stakes such that the final roadway, once completed, fully complies with the design scheme and/or with any modification necessitated by field changes ordered by the Engineer. However, the posting of grades shall not be limited to just the design grades but shall also include the interpolation and posting of intermediate grades and/or the re-posting of certain grades, as may be from time to time required by any interested party in order to successfully investigate and/or otherwise install, to the satisfaction of the Engineer, any drainage, curbing, pavement and/or any other grade dependent project related component or grade dependent issue.

(i) The Contractor shall coordinate the grading and layout activities with the Engineer to ensure that the design grades are posted in an expeditious and acceptable manner. To that end the Contractor shall supply and install, at all critical grade points identified on the plan (and/or profile), as many sturdy pins and/or stakes as he deems necessary, or as otherwise may be required by the Engineer. The pins and/or stakes, once set, shall be clearly marked with paint and flagging such that their physical location, as well as the posted grades, can be easily seen by the general public and by the field personnel. Subsequently, once the pins and/or stakes have served their purpose, they shall be immediately removed by the Contractor.

(j) As the project commences the Contractor may opt to make a photographic record in lieu of a videotape but only to supplement the preconstruction sideline video survey, and only when a photographic record is deemed necessary and sufficient by the Engineer and/or the Contractor.

(k) Videos and/or photographs are to be taken and delivered to the Engineer in such a mannerthat the subject matter can be clearly seen, and in such a timely manner that the collected information is not lost. The video and/or photographs are to be made on foot via a hand- carried camera. No digital pictures shall be allowed. Only conventionally developed film is to be used.

(l) The Contractor is to give ample notice prior to performing certain extraordinary construction related activities on private lands (i.e walls, steps etc.), and/or is to discuss, and/or is to make safe and reasonable accommodation of access, for all private property abutters affected by the scheduled construction activities at hand. In certain cases the Contractor will be further required to make special accommodations for the handicapped or for other physically challenged or sensor impaired individuals who live in or about the construction area so that their needs may be appropriately addressed. Notice of intent to construct or to disturb private property and/or access routes shall be made at least twenty four(24) hours in advance of the scheduled activity and/or as required by the Engineer. This notification shall be made in writing on a format acceptable to the Engineer, with said notices being posted at the subject address in a location nearest to the regular mail delivery location. The decision to post notices will be at the discretion of the Engineer in the field.

Basis of Payment

(m) Under Item 0 the Contractor will consider all labor and materials required to complete these tasks throughout the entire term of the project an incidental cost.


Item 1 - 4" CEMENT CONCRETE WALKS WITH LAMPBLACK (@ 2 POUNDS PER CUBIC YARD)

Item 2 - 6" CEMENT CONCRETE DRIVEWAY APRONS WITH LAMPBLACK (@ 2 POUNDS PER CUBIC YARD)

Item 3 - 8" CEMENT CONCRETE HANDICAP RAMP / CURB CUTS

Item 4 - 4" CEMENT CONCRETE WALKS MAINTEANCE WITH LAMPBLACK (@ 2 POUNDS PER CUBIC YARD)

Item 5 - 6" CEMENT CONCRETE DRIVEWAY APRON MAINTEANCE WITH LAMPBLACK (@ 2 POUNDS PER CUBIC YARD)

Description

(a) All cement concrete walks, driveway aprons, driveways, and/or ramp systems shall be designed and built under these items. Where existing cement concrete walks and/or driveways in private lands do not meet the proposed line and grade at the street line they shall be rebuilt to meet the proposed line and grade in a manner satisfactory to the Engineer. Contractor shall construct cement concrete walks and driveway aprons where as required by the Engineer.

(b) Excavation (exclusive of rock excavation) shall be done and paid for as part of Item 1, 2, 3, 4 or Item 5, whichever is applicable.

(c) The base for the cement concrete walk shall consist of a six (6) inch gravel base course and a two (2) inch course of dense graded crushed stone. Dimensions shall mean the finished compacted depth. The width of the walk shall be five (5) feet unless other widths are called for by the Engineer.

(d) The base for the cement concrete driveways shall consist of a six (6) inch gravel base course and a two (2) inch course of dense graded crushed stone topped with six (6) inches of concrete and/or as required by the Engineer. Dimensions shall mean the finished compacted depth. The width of the driveway aprons shall be determined in the field by the Engineer to best meet the field and end-use conditions.

(e) The base for the cement concrete curb cuts shall consist of a six (6) inch gravel base course and a two(2) inch course of dense graded crushed stone topped with eight (8) inches of cement concrete and/or as required by the Engineer. Dimensions shall mean the finished compacted depth. The width of the ramps (typically five (5) feet in width) will be determined in the field by the Engineer to best meet the field and end-use conditions.

(f) The base for the cement concrete walk maintenance shall consist of the existing gravel base course as approved by the Engineer. The existing gravel base course shall be well compacted prior to approval by the Engineer. Dimensions shall mean the finished compacted depth. The width of the walk shall match existing walk width unless otherwise required by the Engineer.

(g) The base for the cement concrete driveway apron maintenance shall consist of the existing gravel base course as approved by the Engineer. The existing gravel base course shall be well compacted prior


to approval by the Engineer. Dimensions shall mean the finished compacted depth. The width of the driveway apron shall match existing walk width unless otherwise required by the Engineer.

Materials

(h) Cement concrete shall be of an air entrained type conforming to the current specifications of Section M4 of the Massachusetts Standard Specifications for Highways and Bridges supplement of June 19, 1985. Cement concrete shall have a 28 day compressive strength of 4000 PSI using 3/4 inch aggregate, and with an entrained air content of 7.0 + 1.0%.

ADD MIXTURES: Ordinary or emulsified carbon black - two (2) pounds per cubic yard, unless otherwise required by the Engineer.

Upon delivery of each and every concrete mix, the Engineer shall be furnished with a slip clearly stating the design mix and the quantities of the above mentioned add mixture, and any other add mixtures present in the mix. Any concrete mix, which when tested on the job site is found to contain quantities of entrained air less than six (6) or more than eight (8) per cent or which yields a slump of less than three(3) inches or greater than five (5) inches shall be rejected, the decision of the Engineer shall be final. The Engineer reserves the right to change the above mix in order to meet the required strength test.

(i) All concrete shall be transit mix and shall conform to the current specifications of A.S.T.M. C-94. Hand mix concrete or machine mixed on the job concrete shall be used only when permitted by the City Engineer in writing.

(i) Premoulded asphalt expansion joints shall conform to the requirements of AASHTO Designation M33.(ii) All gravel materials shall meet MassDOT Standard Specifications for Highways and Bridges, Latest Edition.

Method of Construction

(k) When new concrete is to be placed adjacent to existing walkways and/or driveways the Contractor shall cleanly cut a crisp joint cut by a means, and along a line, approved by the Engineer. No jackhammering of the existing walk and/or driveway shall be allowed.

(i) The walks shall be excavated or filled to a subgrade twelve (12) inches below and parallel to the finished grade or as required by the Engineer.

(j) Upon the prepared subbase, the gravel and dense graded crushed stone base course shall be constructed and rolled with rollers weighing not less than three (3) tons and not more than five (5) tons until the surface presents a firm unyielding surface satisfactory to the Engineer.

(k) Any area that is inaccessible to mobile mechanical equipment or in restricted areas shall be compacted with pneumatic rammers or powered hand tampers. Compaction shall be carried on until the density of the material is not less than ninety-five (95) percent of the Standard Proctor Density, as determined by Standard laboratory Compaction Test.

(l) All concrete walks and/or driveway elements shall be constructed with the use of side forms. The forms shall be clean, smooth and free from warp. Forms for straight concrete walks shall be two by fours (2"X 4"'s) staked at intervals no greater than four (4) feet, forms for curved sections of concrete walks


shall be four (4) inch strapping staked as required by the Engineer, but in no case at intervals greater than four (4) feet. The forms shall be thoroughly braced and set to the proposed line and grade.

(m) All concrete slabs shall be constructed in one (1) course having a total finished depth of four (4) inches, all driveway elements shall be constructed in one (1) course having a total finished depth of six(6) inches and all ramps shall be constructed in one (1) course having a total finished depth of eight (8) inches. Top or wearing courses shall not be permitted.

(n) The end of every pour shall end at joints. Fresh concrete will not be allowed to be placed against previously laid concrete which has attained its initial set, excepting at full vertical joints.

(o) The walks and/or driveway aprons shall be blocked out in rectangular sections measuring not more than six (6) feet in any dimension. Transverse joints for a distance of twenty (20) feet, more or less, shall be dummy joints with an approved edging tool which shall score the joints a minimum of one (1) inch in depth. The concrete walks shall be placed in alternate slabs twenty (20) feet, more or less, in length. The slabs for walks shall be separated by transverse premoulded asphalt expansion joints one-half (1/2) inch in thickness and a depth of not less than the full thickness of the walk set at right angles to the walk and to the side forms. No finishing operation shall be performed while free water is present. Finishing operations shall be delayed until all bled water and water sheen has left the surface and the concrete has started to stiffen. After water sheen has disappeared, edging operations where required shall be completed. After edging and jointing operations, the surface shall be floated with either aluminum or magnesium floats. Immediately following floating, the surface shall be steel-trowelled. If necessary, tooled joints and edges shall be rerun before and after troweling to maintain uniformity. After troweling, the surface shall be brushed by drawing a soft-bristled pushbroom with a long handle over the surface of the concrete to produce a nonslip surface. In conveying the concrete from the place of mixing to the place of deposit, the operation shall be conducted in such a manner that no mortar will be lost, and the concrete shall be so handled that the concrete will be of uniform composition throughout, showing neither excess nor lack of mortar in any one place.

(p) Premoulded asphalt expansion joints shall be placed adjacent to or around existing curb, walks, buildings and other structures designated by the Engineer.

(q) No concrete shall be placed on a frozen subbase nor shall concrete be poured when the air temperature is thirty-three (33) degrees Fahrenheit and falling, unless permitted by the Engineer, in which case the adequate means for the protection of the concrete must be provided for. No salt or other unauthorized admixtures shall be used. When completed, the newly laid concrete shall be protected from all traffic and the weather for a period of three (3) days. The Concrete shall be cured by spraying with an approved curing compound of a recognized brand applied in accordance with the manufacturer's instructions.

(r)This item shall also apply to cement concrete walks and/or driveways on private lands that have to be rebuilt to meet the proposed line and grade.

(s) Typical concrete driveways shall be constructed in one (1) course having a total depth of six (6) inches. In special rare cases, or as otherwise shown on the plans, an eight (8) inch depth shall be installed as required by the Engineer. In such cases the Engineer shall pay the Contractor at a rate that is one and a half (1.5) times the contract bid for six (6) inch cement concrete driveways.

(t) All water service boxes, and/or any other service box, and/or any handhole, which falls within the walk/drive area, are to be raised such that the top plane of the utility cover is set flush with the finished


sidewalk surface, and such work shall be carried out to the satisfaction of the Engineer. This work shall be paid for as part of Item 1, 2, 3, 4 or Item 5, whichever is applicable.

(u) In those cases where 'frozen' water service boxes are encountered the Contractor is to bring these special cases immediately to the attention of the Engineer, and upon his order to do so, the Contractor shall either remedy the situation by a means which is acceptable to the Engineer or shall otherwise retrieve corrective materials from the City of Newton Utility, and subsequently install them to the satisfaction of the Engineer and this work shall be incidental to the project.

(uu) Prior to the excavation of any existing walk or curb cut, the contractor shall be required to provide pedestrians with a temporary walking corridor around each proposed construction area. This walking route shall be delineated with reflectorized barrels and caution tape, and shall be a convenient and accessible path that replicates as nearly as practical the most desirable characteristics of the existing walk. The reflectorized drums shall meet the standards of Section 6F.63 Channelizing Devices of the MUTCD manual, latest edition. The proposed temporary route shall be a minimum of 48” wide unless otherwise directed by the Engineer. The temporary walking route shall remain in place until directed by the Engineer to be removed. Failure to provide temporary walking routes will result in the suspension of work until said temporary walking routes can be established to the satisfaction of the Engineer. All labor, equipment and material required for the installation and removal of the temporary walking routes shall be considered incidental to the project.

Under no circumstances shall the contractor have any open excavations for more than 24 hours, or during weekends and holidays. Failure to do so shall result in a penalty of $1000.00 per day per open excavation.

At no time shall curbing be stockpiled on an active street or active sidewalk.

Method of Measurement

(v) Cement concrete walks shall be measured for payment by the square yard, complete-in-place.

(w) Cement concrete driveway aprons and/or driveways shall be measured for payment by the square yard, complete-in-place.

(x) Cement concrete ramp systems shall be measured for payment by the square yard, complete-in-place.

(v) Cement concrete walk maintenance shall be measured for payment by the square yard, complete-in- place.

(w) Cement concrete driveway apron maintenance shall be measured for payment by the square yard, complete-in-place.

Basis of Payment

(z) Under Item 1, 2, 3, 4 and Item 5 the Contractor will be paid the contract unit price per square yard for the cement concrete walks, curb cuts or driveway aprons complete-in-place, which work shall include the gravel and dense graded crushed stone base, as well as the premoulded expansion joints. The unit price shall include full compensation for all design, labor, materials, tools and equipment and all incidentals


necessary to complete the work under these items as shown on the City of Newton Standard Details, as required by the Engineer and/or as specified herein, inclusive of the raising of all service boxes to the finished grade.

(aa) Excavation and disposal (exclusive of rock excavation) shall be done and paid for as part of Item 1, 2, 3, 4 or Item 5, whichever is applicable.

(bb) Proposed granite curbing as required for compliant construction of proposed curb cuts, as shown by the City of Newton Standard Details, shall be done and paid for as part of the other appropriate items in this contract.

ITEM 6 -DETECTABLE TILE SURFACE FOR HANDICAP RAMP / CURB CUT LOCATIONS

Description

(a) The work under this item shall consist of furnishing and installing, by embedding in wet cement concrete, a factory manufactured Composite Detectable Tile Warning Surface that is ADA guideline compliant for the purpose of indicating the presence of a handicap ramp and/or curb cut location. These surfaces shall be accessed by the general public and the physically challenged alike, therefore the installation of these surfaces will require that the Contractor exercise exceptional care in the placement and the finishing process' associated with these tiles.

Materials

(b) The Surface shall be equal * to PART NO. 2460IDPAV2 :

* A federal yellow twenty four inch by sixty inch (24"x 60") Cast-In-Place Truncated Dome (Composite Tactile) Detectable Warning System as manufactured by;

ADA Solutions, Inc.P.O. Box 3North Billerica MA 01862 1-800-372-0519www.adatile.com

*An approved equal shall mean a factory-fabricated system which either meets or exceeds the physical characteristics of the representative surface which is noted above. To that end the contractor must seek approval for an alternate surface by submitting, to the City of Newton, a catalog cut of the system which he proposes to use. This submittal, and/or actual samples of the material, shall clearly describe the physical characteristics of the proposed alternative unit such that the City of Newton can readily evaluate the proposed system.

"Equality" - An item equal to that named or described in the specifications of the contract may be furnished by the Vendor and the naming of any commercial name, trademark or other identification shall not be construed to exclude any item or manufacturer not mentioned by name or as limiting competition but shall establish a standard of equality only. An item shall be considered equal to the item so named or described if (1) it is at least equal in quality, durability, appearance, strength and design; (2) it will perform at least equally the function imposed by the general design for the work being contracted for or the material being purchased; and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in the specifications. The name and identification of all materials other than


the one specifically named shall be submitted to the City in writing for approval, at time of bid, use or fabrication of such items. Subject to the provisions of M.G.L., Ch. 30, Sec. 39J, approval shall be at the sole discretion of the City, shall be in writing to be effective, and the decision of the City shall be final. The City may require tests of all materials so submitted to establish quality standards at the Vendor's expense. All directions, specifications and recommendations by manufacturers for installation, handling, storing, adjustment and operation of their equipment shall be complied with; responsibility for proper performance shall continue to rest with the Vendor.

(c) The Detectable Warning Surface shall be of the “CAST IN PLACE REPLACEABLE TACTILE WARNING SURFACE TILES” type or approved equal.


(e) Manufacturer's warranties are to be assigned and delivered to the City of Newton.

(f) The Contractor shall install each Detectable Tile to meet the exact gradient tolerances prescribed in the current ADA guidelines which are shown in the City of Newton General Construction Details. Typically this gradient, from top to bottom, shall not exceed 7.5 % (or two inches (2") over the twenty- four (24") inch depth of the Tile). Nor shall the gradient, from side to side, exceed 1.5% (or one inch (1") over the sixty inch (60") width of the tile).

(g) In addition to complying with the latest ADA requirements the Contractor shall install each Detectable Tile in accordance with the directives shown on the plan.

(h) Typically each Detectable Tile shall be installed so that the front (street side) edge is set back twelve (12") inches from the face of the curb (so that six (6") inches of cement concrete remain between the back of the curb and the edge of the tile).

(i) Cracked, chipped or deficiently domed tiles will not be accepted.

(j) The Contractor must plan his work so that the outlying cement concrete panels transition to the edge of the tile in a smooth and uniform manner.

(k) Any cement concrete placed adjacent to the tiles shall be brought flush with the surface edge of the tile and shall be finished with an edge trowel.


(l) Under this item the Contractor shall be paid per each of Detectable Tiles complete-in-place.

Basis of Payment

(m) Under this item the Contractor will be paid the contract unit price per each of Detectable Tiles, complete-in-place, which unit price shall include full compensation for all labor, materials, tools and equipment and all incidentals necessary to complete the work under this item, as shown on the plans, as required by the Engineer and as specified herein.


Item 7 – RESET EXISTING CURB (WITH CDF EMBEDMENT) (INCLUDES CURB WORK REQ’D FOR HANDICAP RAMPS)

Description

(a) Any existing curb that does not meet the proposed line or grade, or other curb necessarily disturbed throughout the course of these operations, or existing curb used to construct handicap ramp systems, and/or any other existing modular curb designated by the Engineer, shall be reset to the existing line and grade and shall be subsequently embedded in Controlled Density Fill.

(b) Under this item the Contractor shall be responsible for moving existing curb to a new location on the site in order to best meet either the aesthetic and/or the closure needs of the project. This work shall be carried out at the direction of the Engineer.


(c) The curb to be reset shall be excavated down to the underside of the existing curb or lower if necessary.The existing curb shall then be set to true line and grade. Gravel ‘bridging’ shall be used to support the curb to achieve the initial ‘line & grade’ with Controlled Density Fill (CDF) being placed in and about the curb soon thereafter to form an unyielding base. However, no CDF shall be used in any curb trench which contains puddled water.

(cc) Controlled Density Fill (CDF) shall be Type 1E (excavatable).

(d) If the Engineer so directs, the Contractor shall remove the existing curb from its existing location, prepare an adequate gravel base and reset the curb as described in paragraph (b) above.

(e) Any area that is inaccessible to mobile mechanical equipment or in restricted areas shall be compacted with pneumatic rammers or powered hand tampers. Compaction shall be carried on until the density of the material is not less than ninety-five (95) percent of the Standard Proctor Density, as determined by Standard laboratory Compaction Test.

(f) Transition and flush granite curb, either of the straight or curved type, which is installed to meet handicap ramp/curb cut compliances, shall be constructed according to the Architectural Barriers Board Specifications for such ramps as shown in the City of Newton General Construction Details. This work is to be performed to exact tolerances.


(g) Measurements taken for payment shall be taken by the linear foot of the reset curb, inclusive of CDF embedment material for both straight and curved curb, handicap ramps, guttermouths, and/or corner blocks, complete-in-place.

Basis of Payment

(h) CDF embedment material shall be paid as part of this item.


(i) Under Item 7 the Contractor will be paid the contract unit price per linear foot of reset curb, complete-in-place, which unit price shall include CDF embedment material, the excavation and disposal of all excess material, sawcutting, and shall further include full compensation for all labor, materials, tools and equipment, and all incidentals necessary to complete the work under this item, as shown on the plans, as directed by the Engineer and as specified herein.

Item 8 - FURNISH & INSTALL STRAIGHT GRANITE VA-4 CURB (WITH CDF EMBEDMENT)

(INCLUDES ‘ISOLATED’ INSTALLATIONS & HANDICAP RAMP WORK)

Item 9 - FURNISH & INSTALL CURVED VA-4 GRANITE CURB (WITH CDF EMBEDMENT)

(INCLUDES HANDICAP RAMP WORK)

Description

(a) Straight Type VA4 granite curb and curved Type VA4 granite curb shall be furnished, installed, embedded in Controlled Density Fill, and mortared in place in the locations shown on the plans, as directed by the Engineer and as specified herein. This work shall also include curb which is set along the sideline of the street.

(b) All earth and existing materials excavation, inclusive of all existing undesirable curb or fill, and all backfill material necessary to set the curb as specified, shall be done under these items.

Materials

(c) The curbstone shall be sawn top, split face.

(d) Materials shall conform to the current specifications as set forth in the Commonwealth of Massachusetts Department of Public Works Standard Specifications for Highways and Bridges, dated 1988, Section M9.04.1 and as shown in the City of Newton General Construction Details.

(dd) Controlled Density Fill (CDF) shall be Type 1E (excavatable).


(e) Construction methods shall conform to the current specifications as set forth in the Commonwealth of Massachusetts Department of Public Works Standard Specifications for Highways and Bridges, dated 1988, Section 501.

(f) New transition and flush granite curb, either of the straight or curved type, which is installed to meet handicap ramp/curb cut compliance shall be constructed according to the Architectural Barriers Board Specifications for such ramps as shown in the City of Newton General Construction Details. This work is to be performed to exact tolerances.

(g) The curb trench shall be excavated down to the underside of the existing curb or lower if necessary. The existing curb shall then be set to true line and grade. Gravel ‘bridging’ shall be used to support the curb to achieve the initial ‘line & grade’ with Controlled Density Fill (CDF) being placed in and about


the curb soon thereafter to form an unyielding base. However, no CDF shall be used in any curb trench which contains puddled water.

(h) Any area that is inaccessible to mobile mechanical equipment or in restricted areas shall be compacted with pneumatic rammers or powered hand tampers. Compaction shall be carried on until the density of the material is not less than ninety-five (95) percent of the Standard Proctor Density, as determined by Standard laboratory Compaction Test.

(hh) It shall be the responsibility of the contractor to determine the radius of the curb line in the field prior to excavation. All calculations shall be reviewed by the Engineer. This shall be incidental to the project.

The formula for the radius is:

where:W is the length of the chord defining the base of the arcH is the height measured at the midpoint of the arc's base.


(i) Measurements taken for payment will be by the linear foot of CDF embedded curb actually installed in accordance with the plans and as directed by the Engineer, as measured along the front arris line of the curb. Curved curb shall include all new curb (except corner blocks) set to curves of one hundred (100) feet radius or less.

Basis of Payment

(j)

(k) Under Item 8 or Item 9 the Contractor will be paid the contract unit prices respectively per linear foot for furnishing and placing CDF embedded straight granite curb, including transitioned straight and/or flush/lip granite curb for handicap ramp systems, complete-in-place, and for furnishing and placing CDF embedded curved granite curb, including transitioned and/or flush/lip curved granite curb for handicap ramp systems, complete-in-place, the excavation and disposal of all excess material(s), sawcutting , and for all labor, materials, tools and equipment and all incidentals necessary to complete the work under these items as shown on the plans, as directed by the Engineer and as specified herein.

Item 10 - FURNISHING & INSTALLING 2-FOOT RADIUS GRANITE CORNER BLOCK

Description

(a) The Contractor shall install granite corner blocks at driveways and in other locations as directed by the Engineer.

CDF embedment material shall be paid as part of this


(b) Corner blocks shall be two (2) foot radius Type A granite corner blocks.

(c) All earth excavation or fill and backfill necessary to set the corner blocks as specified shall be done under this item.

Materials

(d) Materials shall conform to the current specifications as set forth in the Commonwealth of Massachusetts Department of Public Works Standard Specifications for Highways and Bridges, dated 1988, Section M9.04.6.

(e) Granite corner blocks shall have the same meaning as granite curb corners.


(f) Construction methods shall conform to the current specifications as set forth in the Commonwealthof Massachusetts Department of Public Works Standard Specifications for Highways and Bridges, dated 1988 Section 501.

(g) The block shall be set true to line and grade. Gravel shall be forced under the curb with appropriate tools so as to form an unyielding base.

(h) Any area that is inaccessible to mobile mechanical equipment or in restricted areas shall be compacted with pneumatic rammers or powered hand tampers. Compaction shall be carried on until the density of the material is not less than ninety-five (95) percent of the Standard Proctor Density, as determined by Standard laboratory Compaction Test.


(i) Each radius corner block, complete in place, will be considered as one unit.

Basis of Payment

(j) Under this item the Contractor will be paid the contract unit price for furnishing and placing each two(2) foot radius granite corner block, complete in place, which unit price shall include full compensation for all labor, materials, tools and equipment and all incidentals necessary to complete the work under these items as shown on the plans, as directed by the Engineer and as specified herein.

ITEM 11 - 4" BITUMINOUS CONCRETE FOR 'PERMANENT' TRENCH RESURFACING

Description

When directed by the Engineer, trenches and areas disturbed by the Contractor shall be resurfaced with bituminous concrete Type I-1.

The Contractor shall continually review and maintain all trenches in order to provide safe and unobstructed passage, at all times, for both vehicular and pedestrian traffic. In addition, all trenches and areas that are permanently resurfaced by the Contractor shall be guaranteed against settlement, upheaval or failure of any kind for a period of one (1) year after the City accepts the work, and he shall replace


such resurfacings at his own expense. The City Engineer shall be sole judge as to what constitutes a failure, and which portion of the resurfacing is to be replaced, and his decision shall be final.

After the sidewalk and/or curb work has been completed and tentatively accepted by the City of Newton, permanent trench resurfacing, under Item 11, shall be installed in two courses. However, prior to the installation of the four (4) inch permanent patch the Contractor must be certain that all areas are fully compacted to ninety-five (95) percent density from the bottom of the trench to the top. Further, permanent trench resurfacing operations, once begun, are to be carried out without interruption, and in a systematic and responsible manner.

To that end the Contractor is to coordinate his activities such that the trench area, at the end of the workday, has been excavated, appropriately filled and compacted with designated base materials, hindered and topped, all in one day in order to provide a seamless operation and to eliminate any surface unevenness between the existing roadway pavement surface and the new trench patch.

Further, all permanent trench patch resurfacing must be installed throughout each independent site and/or project zone before· the Contractor will be allowed to start new construction activities elsewhere.

Materials

Bituminous concrete shall be Type l-1, mixed and transported as specified in the Commonwealth of Massachusetts Department of Public Works Standard Specifications for Highways and Bridges, dated 1988, Sections 460 and M3.

All gravel and dense graded materials shall conform to the relevant provisions of the Commonwealth of Massachusetts Department of Public Works Standard Specifications for Highways and Bridges, dated 1988, Sections 402, 405 and M2.


Under Item 11 Type I-1 bituminous concrete for permanent trench resurfacing shall be laid on a gravel base. In the event the existing material is deemed to be unsuitable by the Engineer then the base shall be built and compacted of gravel or dense graded crushed stone as part of this item as the Engineer may deem to be appropriate. The depth of the four (4") depth permanent bituminous concrete pavement shall be laid.

Compaction of the roadway gravel base course shall be by a vibratory hand plate or an equivalent method as approved by the Engineer.

Permanent bituminous concrete shall only be applied in bright sunlight or partly cloudy weather without the threat of rain. The Contractor is not to schedule and/or apply any bituminous concrete, whose end use is for permanent installation(s), unless such favorable weather conditions are professionally forecast by a recognized weather agency and at the request of the Engineer, this forecast shall be filed with Engineer in hard-copy form. Further, no bituminous concrete shall be applied upon a residually wet surface, and no bituminous concrete which has been prematurely cooled by rain, either on the roadway or on the truck, will be accepted.

The temperature of the mixture to be laid shall be between two hundred and twenty-five (225) degrees Fahrenheit and three hundred and twenty-five (325) degrees Fahrenheit and no mixture shall be placed when the air temperature in the shade and away from artificial heat is forty (40) degrees Fahrenheit or less. Variation from these temperatures may be permitted only on written permission of the Engineer.


The edge of the asphalt mixture adjacent to rigid curb lines, around manholes, or other solid fixtures or where no shoulder is constructed, shall be hand tamped before being rolled.

The bituminous concrete shall be laid in the prescribed number of courses as shown on the plans or as determined by the Engineer. All depths of courses shall mean the finished depths after rolling. All courses must be laid so that they will have the required thickness and be parallel to the proposed finished grade -of the surface.

On trenches wider than four (4) feet and after the paving mixture has been properly spread it shall be thoroughly and uniformly compressed by rolling with power rollers. On projects involving less than one hundred and fifty (150) tons of paving mixture per day one (1) tandem roller of not less than ten (10) tons shall be used. On projects using more than one hundred and fifty (150) tons but less than three hundred and fifty (350) tons two (2) rollers shall be required with one (1) additional roller for each two hundred(200) tons of mixture per day thereafter. A day shall be construed as eight (8) hours working time. If, in the opinion of the Engineer, satisfactory compaction is not obtained by rolling with a tandem roller, the Engineer may order the rolling to be done with ten (10) to twelve (12) ton three (3) wheeled roller with wheels not less than twenty-four (24) inches wide. All rollers used shall weigh at least two hundred and fifty (250) pounds per inch width of tread. Each roller shall be in charge of a competent, experienced roller operator and shall be kept in a nearly continuous operation as practical while the work is under way. Rolling shall be continued and so executed that all roller marks, ridges, porous spots and impressions are eliminated, and the resulting surface has the required grade and contour. Rolling shall proceed at a rate not to exceed two hundred and fifty (250) square yards per hour, per roller. To prevent adhesion of the mixture to the roller the wheels shall be kept properly moistened but excess water or oil will not be permitted. Along forms, curb headers at similar structures and all places not accessible with a roller, the mixture shall be thoroughly compacted by tampers. Such tampers shall weigh not less that1twenty-five (25) pounds and shall have a tamping face of not more than fifty (50) square inches. The surface of the mixture after compressing shall be smooth and true to the established crown and grade. Any mixture which becomes loose and broken, mixed with dirt or in any way defective shall be removed and replaced with fresh mixture, which shall be immediately compacted to conform with the surrounding area. Areas of one (I) square foot or more showing an excess of bitumen shall be removed and replaced.

Basis of Payment

Under Item 11 the Contractor will be paid the contract unit price square yard of bituminous concrete Type I-1 for permanent trench resurfacing, complete in place, which unit price shall include full compensation for all excavation of undesirable material, and the disposal thereof, in addition to all labor and materials, gravel or dense graded materials as necessary and for all tools and equipment and all incidentals necessary to complete the work under this item in accordance with the plans, as directed by the Engineer and as specified herein. (The Contractor is reminded that the four (4) inch yield is to be applied in two separate two (2) inch courses).

Item 12 – REGRADING, LOAMING & SEEDING

Description

Grassed Areas adjacent to the areas of disturbance that do not meet the proposed line or grade shall be regraded to meet the proposed line and grade. The depth of loam used in regrading shall be six (6) inches measured in its finished state and the work shall conform to the dimensions shown on the construction details.


Materials

Loam shall be clear, rich, dark colored loam friable, reasonably well supplied with plant food, free from excess swamp muck, peat, clay, silt, stones, sods, roots, gravel, sand, subsoil or other foreign material. All loam furnished for this work shall be approved by the Engineer.

Limestone shall be ground limestone that will pass a No. 20 sieve, and at least seventy-five (75) per cent will pass a No. 100 Sieve. Ground limestone shall have a neutralizing value satisfactory to the Engineer.

Fertilizer shall be furnished in containers plainly marked with the chemical analysis of the product and it shall have one of the following compositions by weight.

10-6-4 8-6-4 7-7-7

Nitrogen 10% min. 8% min. 7% min.Available Potash Acid (P205) Water Soluble Potash (K20)

6% min.4% min.

6% min.4% min.

7% min.7% min.

At least fifty (50) per cent by weight of the nitrogen content of the fertilizer shall be derived from organic materials.

Grass seed shall be of the previous year's crop and in no case shall the weed seed content exceed one (1) per cent by weight. Grass seed shall conform to the requirements of the following table:

ProportionGermination PurityMinimum Minimum

Creeping Red Fescue 50% 85% 95%Kentucky Blue 25% 85% 90%

Domestic Rye 10% 90% 98%Red Top 10% 85% 92%Ladino Clover 5% 85% 96%

Grass seed for slopes graded at the rate of 3:1 and steeper shall conform to the requirements of the following table:

Germination PurityProportion Minimum Minimum

Creeping Red Fescue 50% 85% 95%Kentucky Blue 25% 85% 90%Domestic Rye 10% 90% 98%Red Top 10% 85% 92%Ladino Clover 5% 85% 96%

The seed mixture specified for slopes graded at the rate of 3:1 and greater shall consist of a tough hardy type. The mixture for slopes less than 3:1 and for grass plots shall be of the finer type which will produce a fine turf.

Lawns shall be excavated to subgrade eight (8) inches below and parallel to the finished grade. Loam shall then be spread on the subgrade in sufficient quantities to produce without rolling and after material settlement has taken place a depth of six (6) inches. On this layer of loam ground limestone shall be spread at the rate of one-half pound per square yard and thoroughly incorporated into the loam for the


total depth, by harrowing or spading and raking. The surface shall be brought smoothly to a grade parallel to the finished grade.

The several varieties of seed shall be furnished and delivered separately, and mixed after delivery as directed by the Engineer.

The responsibility for satisfactory results shall rest entirely with the Contractor regardless of any tentative approval given by the Engineer.


The loam borders shall be excavated to subgrade six (6) inches below and parallel to the finished grade. Loam shall then be spread on the subgrade in sufficient quantities to produce without rolling and after material settlement has taken place, a depth of four (4) inches. On this layer of loam ground limestone shall be spread at the rate of one-half (1/2) pound per square yard and thoroughly incorporated into the loam for the total depth, by harrowing or spading and raking. The surface shall be brought smoothly to a grade parallel to the finished grade.

The second layer of loam shall then be spread in sufficient quantities to produce after final rolling the required finished depth. At least five (5) days shall elapse after the application of the ground limestone, and then fertilizer shall be spread on the top layer of loam at the rate of two tenths (2/10) of a pound per square yard. The full depth of the loam shall then be spaded, harrowed and graded to the finished grade.

After the grass plots have been prepared as described above, grass seed shall be carefully and appropriately sown at the rate of three and six tenths (3 6/10) pounds to each one hundred (100) square yards. The surface shall then be raked until the grass seed is thoroughly covered with a thin layer of loam. Finally the surface shall be rolled with a hand roller weighing not more than one hundred (100) pounds per foot of width.

The Contractor shall insure a good catch of grass and shall be responsible for the first cutting of the grass. He shall maintain seeded areas during construction and he shall reloam, regrade and reseed any area which in the opinion of the Engineer requires such.

The Contractor shall not disturb beyond (2) feet from the back of walk without permission from the Engineer. Any damage done to the lawn without permission shall be the responsibility of the Contractor to repair and shall be considered incidental to the project.


(l) Measurements taken for payment shall be by the square yard of the finished work, complete-in- place.

Basis of Payment

Under Item 12 the Contractor will be paid the contract unit price per square yard for all regraded lawns, complete-in-place, which unit price shall include full compensation for all labor, materials, tools and equipment and all incidentals necessary to complete the work under this item in accordance with the plans, as directed by the Engineer and as specified herein.


Item 13 – TREE STUMP REMOVAL

Description

(a) The work under this item shall consist of removal and disposal of existing tree stumps as directed by the Engineer. The work shall also include the preservation from injury or defacement of all vegetation and objects designated by the Engineer to remain.

(b) The burning of stumps shall NOT be permitted.

(c) All stump removal shall conform to the specifications of this section.

(d) The grinding and/ or removal of stumps and roots shall apply only to the portion of the stump and roots located on City property that is located in non paved areas not covered by impervious surfaces.

(e) Removal of the stump shall mean the grinding or excavating of all portions of the tree remaining above ground and some below ground portions following the removal of the trunk and crown of the tree. This includes ALL surface roots.

(f) The stump and roots (below and above ground) within three feet of the stump edges must be removed to a depth of 18 inches below the surrounding grade.

(g) All visible and non visible roots that are above the surrounding grade beyond the requirements above must be removed to a depth of six inches below the surrounding grade. Minimally it is expected that roots will be removed at a distance of 10 feet from the edges of the stump area but may be further away depending on site conditions. The Contract Supervisor will determine the extent of the stump and root removal necessary.

(h) All chips and debris are to be shoveled from the remaining void or hole. No stump grindings are to remain.

(i) The void left after grinding or removal shall be immediately backfilled and graded with loam to two inches above surrounding grade to allow for settling and shall be raked smooth.

(j) The loamed area shall be seeded with an all purpose grass seed to be approved by the Engineer.

(k) The Contractor shall be responsible for removal and disposal of the stump and all related debris.

(l) The City will withhold payment for the entire tree removal unit price until the stump has been removed, loamed and seeded per these specifications. Failure to remove stump may result in liquidated damages being assessed as noted under section 11.1.


(i) Under Item 13 the Contractor shall be paid per each tree stump removed and shall include the major root system.


Basis of Payment

(j) Under Item 13 the Contractor will be paid the contract unit price per each tree stump removal, which unit price shall include full compensation for all labor, materials, tools, loam, seed and equipment and all incidentals necessary to complete the work under this item, as shown on the plans, as required by the Engineer and as specified herein. This shall also include the cost of all arrangements to protect from harm all existing overhead or underground installations.

Item 14 - BITUMINOUS CONCRETE SIDEWALK

Description

(a) Bituminous concrete walks and/or drive aprons shall be constructed in where directed by the Engineer.

(b) Excavation shall be done and paid for under this item.

(c) Bituminous concrete walks and/or drive aprons shall consist of a six (6) inch gravel base, eight (8) inches at driveways and a two (2) inch course of dense graded crushed stone, topped with a two (2) inch bituminous concrete Type I-1 wearing surface. All dimensions shall mean the finished compacted depths. The width of the walk shall be five (5) feet unless other widths are called for on the plans or by the Engineer.

Materials

(d) Gravel and dense graded crushed stone shall conform to M1.03.0 and M2.01.7of the MassDOT Standard Specifications, latest edition, respectively.

(e) This type of pavement shall be composed of mineral aggregate, mineral filler and bituminous material, plant mixed and laid hot. The mixing and materials shall conform to the current specifications as set forth in the MassDOT Standard Specifications, latest edition, Sections 460 and M3, dated l988 for Bituminous concrete Type I-1.


(f) The walks and/or drive aprons shall be excavated or filled to subgrade ten (10) inches below and parallel to the finished grade. At driveways the walks shall be excavated or filled to subgrade twelve (12) inches below and parallel to the finished grade. The gravel base course and the dense graded crushed stone course shall then be constructed and rolled with roller weighing not less than three (3) tons and not more than five (5) tons until the surface presents a firm unyielding surface satisfactory to the Engineer.

f) Any area that is inaccessible to mobile mechanical equipment or in restricted areas shall be compacted with pneumatic rammers or powered hand tampers.


(g) ) Compaction shall be carried on until the density of the material is not less than ninety-five(95) per cent of the Standard Proctor Density as determined by Standard Laboratory Compaction Test. The Contractor shall arrange and pay for and submit to the Engineer results of such tests taken in such number as to indicate a test of every eight hundred (800) square feet of compacted area.

(h) All bituminous concrete walks and/or drive aprons shall be constructed with the use of side forms. The forms shall be clean, smooth, free from warp, of sufficient strength to resist springing out of shape and of a depth to conform to the thickness of the bituminous concrete wearing surface. The forms shall be well staked and thoroughly braced and set to the proposed line and grade.

(i) The bituminous concrete shall consist of a three (3) inch finished depth of Type I-1 bituminous concrete laid in two (2) courses, a base or binder course of one and three-quarter (1 3/4) inch and a top or wearing course of one and one quarter (1 1/4) inch. All dimensions shall mean the finished depths. The mixture shall be placed from approved dump sheets or wheelbarrows fed directed from trucks. Dumping the mixture directly from trucks on the base will not be allowed.

(f) The bituminous concrete must be kept clean during hauling and handling and covered during transit with canvas or other material which will retain the desired pavement temperature. These mixtures must not be hauled in such a manner that segregation of the ingredients takes place, or that a crust is formed on the surface, or that the mixture will crumble or flatten out when dumped. Trucks which transport the mixture shall be tight, and the side of the bodies shall be coated with a thin film of soap solution. The dispatching of trucks from the distribution point shall be so arranged that all the material which is to be delivered at or on the road surface during any day may be placed and shall have received final compression in a continuous manner in order to minimize cold seaming.

(g) The bituminous concrete mixture shall be delivered to the work in such condition that it is easily workable and can be efficiently laid. The mixture shall be laid only on an approved base course which is dry and only when weather conditions are suitable which shall be decided by the Engineer.

(h) All bituminous concrete applied to the roadway shall only be applied in bright sunlight or partly cloudy weather without the threat of rain. The Contractor is not to schedule bituminous roadway application unless such favorable weather conditions are professionally forecast by a recognized weather agency, and at the request of the Engineer, this forecast shall be filed with Engineer in hard-copy form. Further, no bituminous concrete shall be applied upon a residually wet surface, and no bituminous concrete which has been prematurely cooled by rain, either on the roadway or on the truck, will be accepted.

(k) The separate courses shall be rolled with a self-propelled equally balanced tandem roller weighing not less than three (3) tons and not more than five (5) tons. In places inaccessible to a power roller, compaction shall be obtained by means of hand tampers.


(l) The roller shall pass over the unprotected end of the freshly laid mixture only when the laying of the mixture is to be discontinued at the end of the days operation. In such cases, provisions shall be made for proper bonding with new surface mixture by cutting back over the full width and depth of the course. When laying of the course is resumed, the exposed edge of the joint shall be painted with a thin uniform coat of hot asphalt, just before the new mixture is laid.

(m) The finished surface shall present an even and true contour. When tested with a ten (10) foot straight edge place parallel to the center line of the surface course there shall be no deviation from a true surface in excess of one quarter (1/4) of one (1) inch. The sides when the forms are removed shall present a true line conforming to the line desired.

(n) Landings and roundings at the street corners shall be constructed as specified in the construction details and/or as directed by the Engineer.


(o) Bituminous concrete walks and/or drive aprons shall be measured for payment by the square yard, complete in place.

Basis of Payment

(p) Under Item 14 the Contractor will be paid the contract unit price per square yard for the bituminous concrete walks and/or drive aprons, complete in place, including excavation, the gravel and dense graded crushed stone. The unit price shall include full compensation for all labor, materials, tools and equipment and all incidental work necessary to complete the work under this item as shown on the plans, as directed by the Engineer and as specified herein.

Item 15 - ALLOWANCE FOR PAYMENT OF POLICE OFFICERS

Description(a) The Contractor shall include in his bid an allowance of twenty five thousand dollars ($25,000.00)for payment of Police traffic officers. This allowance will be used as a basis for comparison of bids only.

(b) The City will reimburse the Contractor for the full amount of charges for Police services.

(c) Article 1 of the Special Conditions of the Contract shall apply.

(d) Under this item the Contractor shall be responsible for ordering, and for canceling details on a day to day basis. In the event the Contractor has ordered police details, and does not give the police department ample advance notice that work has been cancelled for that day due to inclement weather or for any other reason, then the Contractor shall bear the expense of that billed detail.

(e) The Contractor shall completely familiarize himself with the current policies regarding and/or regulating police details. In the event police detail requests cannot be completely filled to cover the Contractor’s scheduled work for any particular day then the Contractor shall adjust his work schedule accordingly and shall not hold the City responsible for any loss of time, or for any other financial loss.


The City of Newton will however grant an extension of time to the original contract term for each day lost due to insufficient police staffing.

Basis of Payment(e) Under Item 15 the Contractor shall submit paid invoices to the Engineer. The Contractor shall then

be reimbursed the full invoice amount for City of Newton Police Department charges and/or, when applicable, for Massachusetts State Police charges, as full reimbursement under the allowance for payment of Police officers.

(f) The original invoice issued by the billing authority must be submitted to the Engineer for payment under this item.

Item 16 – MISCELLANEOUS WORK ALLOWANCE (ENGINEERS DISCRETIONARY FUND)

Description

The intent of this section is not for work or materials typically incidental to other work items performed and/or rendered under this contract, or is for work and/or materials which are otherwise called for under these specifications, and/or for work which is indicated on the plans, but for work and materials which are unique in nature and rendered as a direct request of the Engineer. These items of work shall be completed only when and as directed by the Engineer. The Contractor may not proceed with any work under this section without the written notice of the Engineer to complete the work under the “Miscellaneous Work Allowance”.

The sum to be allowed for the work of this item shall be ten thousand dollars ($10,000.00).

All work under this item shall be paid for by one or more or a combination of the following methods at the City’s discretion:

a. Unit prices previously bidb. An agreed lump sumc. The actual cost of:

1. labor, including foreman;2. materials entering permanently into the work;3. the ownership or rental cost of construction plant & equipment during the time of use on the extra work;

4. power and consumable supplies for the operation of power equipment;5. insurance;6. social security and old age, and unemployment benefits.

To the cost under c. there shall be added a fixed fee to be agreed upon, but not to exceed fifteen per cent (15%) of the actual cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and any other general expense.

The City shall retain a cash credit in full or in part, in the event that the final cost of materials and/or equipment is lower than the original cash allowance provided.


To the estimated cost or actual cost under (c) for work performed by subcontractors, there shall be added a fixed fee of ten per cent (10%) as compensation to cover the subcontractor’s cost of supervision, overhead, profit and any other subcontract general expense, plus ten per cent (10%) as compensation to cover the General Contractor’s cost of supervision, overhead, profit, bond, and any other general expenses.

Basis of Payment

Payment for work completed under Item 16 shall be as specified above, in full or in part, as pre-approved by the Engineer.

END OF SECTION